South Australia: Work Health and Safety Act 2012 (SA)

South Australia Work Health and Safety Act 2012 An Act to provide for the health, safety and welfare of persons at work; and for other purposes. Contents Part 1—Preliminary Division 1—Introduction 1 Short title Division 2—Object 3 Object Division 3—Interpretation Subdivision 1—Definitions 4 Definitions Subdivision 2—Other important terms 5 Meaning of person conducting a business or undertaking 6 Meaning of supply 7 Meaning of worker 8 Meaning of workplace 9 Examples and notes Division 4—Application of Act 10 Act binds the Crown 11 Extraterritorial application 12 Scope Division 5—SafeWork SA Advisory Committee 12A Establishment of committee 12B Terms and conditions of office 12C Functions 12D Procedures at meetings 12E Conflict of interest 12F Confidentiality 12G Use of staff and facilities Part 2—Health and safety duties Division 1—Introductory Subdivision 1—Principles that apply to duties 13 Principles that apply to duties 14 Duties not transferrable 15 Person may have more than one duty 16 More than one person can have a duty 17 Management of risks Subdivision 2—What is reasonably practicable 18 What is reasonably practicable in ensuring health and safety Division 2—Primary duty of care 19 Primary duty of care Division 3—Further duties of persons conducting businesses or undertakings 20 Duty of persons conducting businesses or undertakings involving management or control of workplaces 21 Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces 22 Duties of persons conducting businesses or undertakings that design plant, substances or structures 23 Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures 24 Duties of persons conducting businesses or undertakings that import plant, substances or structures 25 Duties of persons conducting businesses or undertakings that supply plant, substances or structures 26 Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures Division 4—Duty of officers, workers and other persons 27 Duty of officers 28 Duties of workers 29 Duties of other persons at the workplace Division 5—Offences and penalties 30 Health and safety duty 30A Industrial manslaughter 31 Gross negligence or reckless conduct—Category 1 32 Failure to comply with health and safety duty—Category 2 33 Failure to comply with health and safety duty—Category 3 34 Exceptions Part 3—Incident notification 35 What is a notifiable incident 36 What is a serious injury or illness 37 What is a dangerous incident 38 Duty to notify of notifiable incidents 39 Duty to preserve incident sites Part 4—Authorisations 40 Meaning of authorised 41 Requirements for authorisation of workplaces 42 Requirements for authorisation of plant or substance 43 Requirements for authorisation of work 44 Requirements for prescribed qualifications or experience 45 Requirement to comply with conditions of authorisation Part 5—Consultation, representation and participation Division 1—Consultation, co‑operation and co‑ordination between duty holders 46 Duty to consult with other duty holders Division 2—Consultation with workers 47 Duty to consult workers 48 Nature of consultation 49 When consultation is required Division 3—Health and safety representatives Subdivision 1—Request for election of health and safety representatives 50 Request for election of health and safety representative Subdivision 2—Determination of work groups 51 Determination of work groups 52 Negotiations for agreement for work group 53 Notice to workers 54 Failure of negotiations Subdivision 3—Multiple-business work groups 55 Determination of work groups of multiple businesses 56 Negotiation of agreement for work groups of multiple businesses 57 Notice to workers 58 Withdrawal from negotiations or agreement involving multiple businesses 59 Effect of Subdivision on other arrangements Subdivision 4—Election of health and safety representatives 60 Eligibility to be elected 61 Procedure for election of health and safety representatives 62 Eligibility to vote 63 When election not required 64 Term of office of health and safety representative 65 Disqualification of health and safety representatives 66 Immunity of health and safety representatives 67 Deputy health and safety representatives Subdivision 5—Powers and functions of health and safety representatives 68 Powers and functions of health and safety representatives 69 Powers and functions generally limited to the particular work group Subdivision 6—Obligations of person conducting business or undertaking to health and safety representatives 70 General obligations of person conducting business or undertaking 71 Exceptions from obligations under section 70(1) 72 Obligation to train health and safety representatives 73 Obligation to share costs if multiple businesses or undertakings 74 List of health and safety representatives Division 4—Health and safety committees 75 Health and safety committees 76 Constitution of committee 77 Functions of committee 78 Meetings of committee 79 Duties of person conducting business or undertaking Division 5—Issue resolution 80 Parties to an issue 81 Resolution of health and safety issues 82 Referral of issue to regulator for resolution by inspector Division 6—Right to cease or direct cessation of unsafe work 83 Definition of cease work under this Division 84 Right of worker to cease unsafe work 85 Health and safety representative may direct that unsafe work cease 85A Reasonable concern 86 Worker to notify if ceases work 87 Alternative work 88 Continuity of engagement of worker 89 Request to regulator to appoint inspector to assist Division 7—Provisional improvement notices 90 Provisional improvement notices 91 Provisional improvement notice to be in writing 92 Contents of provisional improvement notice 93 Provisional improvement notice may give directions to remedy contravention 94 Minor changes to provisional improvement notice 95 Issue of provisional improvement notice 96 Health and safety representative may cancel notice 97 Display of provisional improvement notice 98 Formal irregularities or defects in notice 99 Offence to contravene a provisional improvement notice 100 Request for review of provisional improvement notice 101 Regulator to appoint inspector to review notice 102 Decision of inspector on review of provisional improvement notice Division 7A—Work health and safety disputes 102A Definitions for Division 102B Notice of dispute may be given to SAET 102C Action for settling dispute 102D Review of particular decisions made by inspector 102E Decision not to deal with dispute 102F Costs Division 8—Part not to apply to prisoners 103 Part does not apply to prisoners Part 6—Discriminatory, coercive and misleading conduct Division 1—Prohibition of discriminatory, coercive or misleading conduct 104 Prohibition of discriminatory conduct 105 What is discriminatory conduct 106 What is a prohibited reason 107 Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 108 Prohibition of coercion or inducement 109 Misrepresentation Division 2—Criminal proceedings in relation to discriminatory conduct 110 Proof of discriminatory conduct 111 Order for compensation or reinstatement Division 3—Civil proceedings in relation to discriminatory or coercive conduct 112 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct 113 Procedure for civil actions for discriminatory conduct Division 4—General 114 General provisions relating to orders 115 Prohibition of multiple actions Part 7—Workplace entry by WHS entry permit holders Division 1—Introductory 116 Definitions Division 2—Entry to inquire into suspected contraventions 117 Entry to inquire into suspected contraventions 118 Rights that may be exercised while at workplace 119 Notice of entry 120 Entry to inspect employee records or information held by another person Division 3—Entry to consult and advise workers 121 Entry to consult and advise workers 122 Notice of entry Division 4—Requirements for WHS entry permit holders 123 Contravening WHS entry permit conditions 124 WHS entry permit holder must also hold permit under other law 125 WHS entry permit to be available for inspection 126 When right may be exercised 127 Where the right may be exercised 128 Work health and safety requirements 129 Residential premises 130 WHS entry permit holder not required to disclose names of workers Division 5—WHS entry permits 131 Application for WHS entry permit 132 Consideration of application 133 Eligibility criteria 134 Issue of WHS entry permit 135 Conditions on WHS entry permit 136 Term of WHS entry permit 137 Expiry of WHS entry permit 138 Application to revoke WHS entry permit 139 Authorising authority must permit WHS entry permit holder to show cause 140 Determination of application Division 6—Dealing with disputes 141 Application for assistance of inspector to resolve dispute 142 Authorising authority may deal with a dispute about a right of entry under this Act 143 Contravening order made to deal with dispute Division 7—Prohibitions 144 Person must not refuse or delay entry of WHS entry permit holder 145 Person must not hinder or obstruct WHS entry permit holder 146 WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace 147 Misrepresentations about things authorised by this Part 148 Unauthorised use or disclosure of information or documents Division 8—General 149 Return of WHS entry permits 150 Union to provide information to authorising authority 151 Register of WHS entry permit holders Part 8—The regulator Division 1—Functions of regulator 152 Functions of regulator 152A Right of regulator to intervene in proceedings 153 Powers of regulator 154 Delegation by regulator Division 2—Powers of regulator to obtain information 155 Powers of regulator to obtain information Part 9—Securing compliance Division 1—Appointment of inspectors 156 Appointment of inspectors 157 Identity cards 158 Accountability of inspectors 159 Suspension and ending of appointment of inspectors Division 2—Functions and powers of inspectors 160 Functions and powers of inspectors 161 Conditions on inspectors' compliance powers 162 Inspectors subject to regulator's directions Division 3—Powers relating to entry Subdivision 1—General powers of entry 163 Powers of entry 164 Notification of entry 165 General powers on entry 166 Persons assisting inspectors Subdivision 2—Search warrants 167 Search warrants 168 Announcement before entry on warrant 169 Copy of warrant to be given to person with management or control of place Subdivision 3—Limitation on entry powers 170 Places used for residential purposes Subdivision 4—Specific powers on entry 171 Power to require production of documents and answers to questions 172 Protection against self‑incrimination 173 Warning to be given 174 Powers to copy and retain documents 175 Power to seize evidence etc 176 Inspector's power to seize dangerous workplaces and things 177 Powers supporting seizure 178 Receipt for seized things 179 Forfeiture of seized things 180 Return of seized things 181 Access to seized things Division 4—Damage and compensation 182 Damage etc to be minimised 183 Inspector to give notice of damage 184 Compensation Division 5—Other matters 185 Power to require name and address 186 Inspector may take affidavits 187 Attendance of inspector at inquiries Division 6—Offences in relation to inspectors 188 Offence to hinder or obstruct inspector 189 Offence to impersonate inspector 190 Offence to assault, threaten or intimidate inspector Part 10—Enforcement measures Division 1—Improvement notices 191 Issue of improvement notices 192 Contents of improvement notices 193 Compliance with improvement notice 194 Extension of time for compliance with improvement notices Division 2—Prohibition notices 195 Power to issue prohibition notice 196 Contents of prohibition notice 197 Compliance with prohibition notice Division 3—Non-disturbance notices 198 Issue of non‑disturbance notice 199 Contents of non‑disturbance notice 200 Compliance with non‑disturbance notice 201 Issue of subsequent notices Division 4—General requirements applying to notices 202 Application of Division 203 Notice to be in writing 204 Directions in notices 205 Recommendations in notice 206 Changes to notice by inspector 207 Regulator may vary or cancel notice 208 Formal irregularities or defects in notice 209 Issue and giving of notice 210 Display of notice Division 5—Remedial action 211 When regulator may carry out action 212 Power of the regulator to take other remedial action 213 Costs of remedial or other action Division 6—Injunctions 214 Application of Division 215 Injunctions for noncompliance with notices Part 11—Enforceable undertakings 216 Regulator may accept WHS undertakings 217 Notice of decision and reasons for decision 218 When a WHS undertaking is enforceable 219 Compliance with WHS undertaking 220 Contravention of WHS undertaking 221 Withdrawal or variation of WHS undertaking 222 Proceeding for alleged contravention Part 12—Review of decisions Division 1—Reviewable decisions 223 Which decisions are reviewable Division 2—Internal review 224 Application for internal review 225 Internal reviewer 226 Decision of internal reviewer 227 Decision on internal review 228 Stays of reviewable decisions on internal review Division 3—External review 229 Application for external review Part 13—Legal proceedings Division 1—General matters 230 Prosecutions 231 Procedure if prosecution is not brought 232 Limitation period for prosecutions 233 Multiple contraventions of health and safety duty provision Division 2—Sentencing for offences 234 Application of this Division 235 Orders generally 236 Adverse publicity orders 237 Orders for restoration 238 Work health and safety project orders 239 Release on the giving of a court‑ordered WHS undertaking 240 Injunctions 241 Training orders 242 Offence to fail to comply with order Division 3—Infringement notices 243 Infringement notices Division 4—Offences by bodies corporate 244 Imputing conduct to bodies corporate Division 5—The Crown 245 Offences and the Crown 246 WHS civil penalty provisions and the Crown 247 Officers 248 Responsible agency for the Crown Division 6—Public authorities 249 Application to public authorities that are bodies corporate 250 Proceedings against public authorities 251 Imputing conduct to public authorities 252 Officer of public authority 253 Proceedings against successors to public authorities Division 7—WHS civil penalty provisions 254 When is a provision a WHS civil penalty provision 255 Proceedings for contravention of WHS civil penalty provision 256 Involvement in contravention treated in same way as actual contravention 257 Contravening a civil penalty provision is not an offence 258 Civil proceeding rules and procedure to apply 259 Proceeding for a contravention of a WHS civil penalty provision 260 Proceeding may be brought by the regulator or an inspector 260A Proceeding may be brought by a party for contravention of certain orders relating to arbitrations 261 Limitation period for WHS civil penalty proceedings 262 Recovery of a monetary penalty 263 Civil double jeopardy 264 Criminal proceedings during civil proceedings 265 Criminal proceedings after civil proceedings 266 Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings Division 8—Civil liability not affected by this Act 267 Civil liability not affected by this Act Part 14—General Division 1—General provisions 268 Offence to give false or misleading information 269 Act does not affect legal professional privilege 270 Immunity from liability 271 Confidentiality of information 271A Additional ways that regulator may disclose information 272 No contracting out 272A Insurance or other indemnity against penalties 272B Officer may be taken to have committed offence against section 272A 273 Person not to levy workers Division 2—Codes of practice 274 Approved codes of practice 275 Use of codes of practice in proceedings Division 3—Regulation‑making powers 276 Regulation‑making powers Division 4—Reviews 277 Reviews Schedule 1—Application of Act to dangerous goods and high risk plant Schedule 2—Local tripartite consultation arrangements Part 2—The Mining and Quarrying Occupational Health and Safety Committee 12 The Committee 13 Application of funds 14 Ministerial control Schedule 3—Regulation‑making powers 1 Duties 2 Incidents 3 Plant, substances or structures 4 Protection and welfare of workers 5 Hazards and risks 6 Records and notices 7 Authorisations 8 Work groups 9 Health and safety committees and health and safety representatives 10 Issue resolution 11 WHS entry permits 12 Identity cards 13 Forfeiture 14 Review of decisions Schedule 4—Supplementary panel members 1 Supplementary panel members Schedule 5—Provisions of local application 1 Provision of information by RTWSA 2 Registration of employers 3 Executive Director Schedule 6—Transitional provisions Part 9—Transitional provisions 12 Interpretation 13 Duties of designers 14 Duties of manufacturers 15 Duties of importers 16 Duties of suppliers 17 Duties of persons who install, construct or commission plant or structures 18 Appointments 19 Training 20 Members of committees 21 Functions and powers of inspectors 22 Disqualifications 23 Codes of practice 24 Authorisations 25 Exemptions 25A Prosecutions under Occupational Health, Safety and Welfare Act 1986 26 Other provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary Division 1—Introduction 1—Short title This Act may be cited as the Work Health and Safety Act 2012. Division 2—Object 3—Object (1) The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by— (a) protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant; and (b) providing for fair and effective workplace representation, consultation, co‑operation and issue resolution in relation to work health and safety; and (c) encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and (d) promoting the provision of advice, information, education and training in relation to work health and safety; and (e) securing compliance with this Act through effective and appropriate compliance and enforcement measures; and (f) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and (g) providing a framework for continuous improvement and progressively higher standards of work health and safety; and (h) maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction. (2) In furthering subsection (1)(a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work, or from specified types of substances or plant, as is reasonably practicable. Division 3—Interpretation Subdivision 1—Definitions 4—Definitions (1) In this Act, unless the contrary intention appears— advisory committee means the SafeWork SA Advisory Committee established under Division 5; approved code of practice means a code of practice approved under Part 14; authorised, in Part 4—see section 40; authorising authority means SAET; Category 1 offence—see section 31; Category 2 offence—see section 32; Category 3 offence—see section 33; compliance powers means the functions and powers conferred on an inspector under this Act; condition includes limitation and restriction; construct includes assemble, erect, reconstruct, reassemble and re‑erect; corresponding regulator means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law; corresponding WHS law means— (a) the Dangerous Substances Act 1979; or (b) the Explosives Act 1936; or (c) the Fair Work Act 1994; or (d) the Mines and Works Inspection Act 1920; or (e) the Offshore Minerals Act 2000; or (f) the Petroleum (Submerged Lands) Act 1982; or (g) the Petroleum and Geothermal Energy Act 2000; or (h) the Petroleum Products Regulation Act 1995; or (i) any other Act brought within the ambit of this definition by the regulations; or (j) a law of another Australian jurisdiction corresponding, or substantially corresponding, to this Act; or (k) a law of another Australian jurisdiction brought within the ambit of this definition by the regulations; dangerous incident, in Part 3—see section 37; demolition includes deconstruction; Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; design, in relation to plant, a substance or a structure includes— (a) design of part of the plant, substance or structure; and (b) redesign or modify a design; disclose, in relation to information, includes divulge or communicate to any person or publish; discriminatory conduct, in Part 6—see section 105; document includes record; emergency services worker means— (a) a police officer; or (b) a member of the South Australian Metropolitan Fire Service, the South Australian Country Fire Service or the South Australian State Emergency Service; or (c) a fire control officer appointed under the Fire and Emergency Services Act 2005; or (d) the State Co‑ordinator or an authorised officer under the Emergency Management Act 2004; or (e) a person brought within the ambit of this definition by the regulations; employee record, in relation to an employee, has the same meaning as it has in the Privacy Act 1988 of the Commonwealth; employer organisation means— (a) an employer organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or (b) an association of employers that is registered or recognised as such an association (however described) under a State or Territory industrial law; engage in conduct means doing an act or omitting to do an act; Executive Director means the person for the time being holding, or acting in, the position of Executive Director under Schedule 5 clause 3; Fair Work Act means the Fair Work Act 2009 of the Commonwealth; handling includes transport; health means physical and psychological health; health and safety duty—see section 30; health and safety representative, in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member; import means to bring into the jurisdiction from outside Australia; industrial manslaughter offence—see section 30A; inspector means an inspector appointed under Part 9; internal reviewer means— (a) the regulator; or (b) a person appointed by the regulator under section 225; local authority means a council under the Local Government Act 1999; Magistrates Court means the Magistrates Court of South Australia; medical treatment means treatment by a medical practitioner registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); notifiable incident—see section 35; officer means— (a) an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership; or (b) an officer of the Crown within the meaning of section 247; or (c) an officer of a public authority within the meaning of section 252, other than an elected member of a local authority acting in that capacity; official of a union, in Part 7—see section 116; personal information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth; person conducting a business or undertaking—see section 5; plant includes— (a) any machinery, equipment, appliance, container, implement and tool; and (b) any component of any of those things; and (c) anything fitted or connected to any of those things; prohibited reason, in Part 6—see section 106; public authority means— (a) an agency or instrumentality of the Crown; or (b) an administrative unit or department within the Public Service of this or any other State, or of the Commonwealth; reasonably practicable, in relation to a duty to ensure health and safety—see section 18; regulator means the Executive Director; relevant person conducting a business or undertaking, in Part 7—see section 116; relevant union, in Part 7—see section 116; relevant worker, in Part 7—see section 116; representative— (a) in relation to a person conducting a business or undertaking, means— (i) an employer organisation representing the person conducting the business or undertaking; or (ii) any other person that the person conducting the business or undertaking authorises to represent them; and (b) in relation to a worker, means— (i) the health and safety representative for the worker; or (ii) a union entitled to represent the industrial interests of the worker; or (iii) any other person that the worker authorises to represent them; review committee means a review committee constituted under Schedule 4; RTWSA means the Return to Work Corporation of South Australia; SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014; serious injury or illness, in Part 3—see section 36; State includes Territory; State or Territory industrial law has the same meaning as it has in the Fair Work Act; structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes— (a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and (b) any component of a structure; and (c) part of a structure; substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour; supply—see section 6; this Act includes the regulations; union means— (a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or (b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law; volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses); WHS entry permit means a WHS entry permit issued under Part 7; WHS entry permit holder means a person who holds a WHS entry permit; WHS undertaking means an undertaking given under section 216(1); work group means a work group determined under Part 5; worker—see section 7; workplace—see section 8. (2) For the purposes of Part 2, a person engages in conduct with gross negligence if the conduct involves— (a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and (b) such a high risk of causing the death or serious injury or illness of an individual, that the conduct merits criminal punishment for the offence. (3) For the purposes of Part 2, a person is reckless as to the risk to an individual of death or serious injury or illness if— (a) the person is aware of a substantial risk that death or serious injury or illness will happen; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk. (4) For the purposes of Part 2, the question of whether taking a risk is unjustifiable is a question of fact. Subdivision 2—Other important terms 5—Meaning of person conducting a business or undertaking (1) For the purposes of this Act, a person conducts a business or undertaking— (a) whether the person conducts the business or undertaking alone or with others; and (b) whether or not the business or undertaking is conducted for profit or gain. (2) A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association. (3) If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership. (4) A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking. (5) An elected member of a local authority does not in that capacity conduct a business or undertaking. (6) The regulations may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act. (7) A volunteer association does not conduct a business or undertaking for the purposes of this Act. (8) In this section— volunteer association means a group of volunteers working together for one or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association. 6—Meaning of supply (1) A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire‑purchase, whether as principal or agent. (2) A supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied. (3) A supply of a thing does not include— (a) the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or (b) a prescribed supply. (4) A financier is taken not to supply plant, a substance or a structure for the purposes of this Act if— (a) the financier has, in the course of the financier's business as a financier, acquired ownership of, or another right in, the plant, substance or structure on behalf of a customer of the financier; and (b) the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer. (5) If subsection (4) applies, the person (other than the financier) who had possession of the plant, substance or structure immediately before the financier's customer obtained possession of the plant, substance or structure is taken for the purposes of this Act to have supplied the plant, substance or structure to the financier's customer. 7—Meaning of worker (1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as— (a) an employee; or (b) a contractor or subcontractor; or (c) an employee of a contractor or subcontractor; or (d) an employee of a labour hire company who has been assigned to work in the person's business or undertaking; or (e) an outworker; or (f) an apprentice or trainee; or (g) a student gaining work experience; or (h) a volunteer; or (i) a person of a prescribed class. (2) For the purposes of this Act, a police officer is— (a) a worker; and (b) at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer. (3) The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking. 8—Meaning of workplace (1) A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. (2) In this section— place includes— (a) a vehicle, vessel, aircraft or other mobile structure; and (b) any waters and any installation on land, on the bed of any waters or floating on any waters. 9—Examples and notes (1) An example at the foot of a provision forms part of this Act. (2) A note at the foot of a provision forms part of this Act. Division 4—Application of Act 10—Act binds the Crown (1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities. (2) The Crown is liable for an offence against this Act. (3) Without limiting subsection (1), the Crown is liable for a contravention of a WHS civil penalty provision. (4) Section 7(2) of the Crown Proceedings Act 1992 does not apply in respect of proceedings before SAET under Part 5 Division 7A. 11—Extraterritorial application (1) It is the intention of the Parliament of the State that this Act should, so far as possible, operate to the full extent of the extraterritorial legislative power of the State. (2) Without limiting subsection (1), this Act applies in relation to work on a South Australian ship whether or not the ship is within the coastal waters of the State. (3) In this section— ship includes a boat, vessel or craft; South Australian ship means a ship— (a) that is registered in the State; or (b) that is owned or under charter by the Crown; or (c) that is owned or under charter by a body corporate or other person— (i) whose principal office or place of business is in the State; or (ii) whose principal office or place of business with respect to the control or management of the ship is in the State. 12—Scope (1) The provisions of this Act are in addition to and do not derogate from the provisions of any other Act. (2) The provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied. Division 5—SafeWork SA Advisory Committee 12A—Establishment of committee (1) The SafeWork SA Advisory Committee is established. (2) The advisory committee consists of 15 members of whom— (a) the following will be ex officio members: (i) the Minister; (ii) the regulator; (iii) the person for the time being holding, or acting in, the position of Chief Executive of the Department; (iv) the person for the time being holding, or acting in, the position of Chief Executive Officer of RTWSA; and (b) the following will be appointed by the Minister: (i) the presiding member; (ii) 4 members who, in the opinion of the Minister, are suitable to represent the interests of employees (following consultation with the United Trades and Labour Council of South Australia); (iii) 4 members who, in the opinion of the Minister, are suitable to represent the interests of employers (following consultation with the South Australian Employer's Chamber of Commerce and Industry and other associations representing the interests of employers); (iv) 1 member who, in the opinion of the Minister, is suitable to represent the interests of victims and their families; (v) 1 member who, in the opinion of the Minister, is suitable to represent the interests of work health and safety professionals. (3) Subject to subsection (4), a member of the advisory committee may appoint a suitable person to act as an alternate member and a person so appointed may, in the member's absence, act as a member of the committee. (4) A member of the advisory committee (other than the Minister) may only appoint someone under subsection (3) with the approval of the Minister. 12B—Terms and conditions of office (1) Subject to this section, an appointed member of the advisory committee will be appointed for a term not exceeding 3 years and will, on the expiration of a term of office, be eligible for reappointment. (2) A member of the advisory committee is entitled to fees, allowances and expenses approved by the Governor. (3) A member may be removed from office by the Minister if the member— (a) becomes mentally or physically incapable of carrying out satisfactorily their functions; or (b) is guilty of neglect of duty or dishonourable conduct; or (c) having been appointed as an officer or employee of an organisation representing the interests of a particular class of person, ceases to be an officer or employee of that organisation. (4) The office of an appointed member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (d) is removed from office under subsection (3). (5) On the office of an appointed member becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 12C—Functions (1) The advisory committee has the following functions: (a) to provide advice and recommendations on work health and safety matters to the regulator and the Minister, either on its own initiative or on request; (b) to consider and advise on ways to improve communication, consultation and collaboration between work health and safety stakeholders; (c) to consider and advise on compliance and education campaigns by the regulator; (d) to make recommendations in relation to approved codes of practice; (e) any other functions determined by the Minister or prescribed by the regulations. (2) For the purpose of performing its functions, the advisory committee may, with the approval of the Minister— (a) establish subcommittees (which may, but need not, consist of or include members of the advisory committee) to advise the advisory committee on any aspects of its functions, or to assist in the performance of its functions; and (b) conduct public meetings, discussions and inquiries on questions arising before the committee, and may do any other thing that is necessary for, or incidental to, the performance of its functions. 12D—Procedures at meetings (1) The presiding member (or their alternate member appointed under section 12A(3)) will preside at meetings of the advisory committee or, in their absence, a member chosen by those present will preside. (2) Subject to subsection (3), the advisory committee may act notwithstanding vacancies in its membership. (3) Subject to subsection (4), 8 members constitute a quorum of the advisory committee and no business may be transacted at a meeting of the committee unless a quorum is present. (4) A quorum will only be taken to be present if— (a) at least 1 member present is a member described in section 12A(2)(b)(ii); and (b) at least 1 member present is a member described in section 12A(2)(b)(iii). (5) Each member present at a meeting of the advisory committee is entitled to 1 vote on a matter arising for decision at the meeting and, in the event of an equality of votes, the person presiding is entitled to a second, or casting vote. (6) A decision carried by a majority of the votes cast by the members present at a meeting of the advisory committee is a decision of the committee. (7) Subject to this Act, the advisory committee may determine its own procedures. 12E—Conflict of interest A member of the advisory committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with employees generally or employers generally, or a substantial section of employers or employees. 12F—Confidentiality A member of the advisory committee who, as a member of the committee, acquires information that— (a) the member knows to be of a confidential nature; or (b) the committee classifies as confidential information, must not disclose the information without the approval of the Minister. 12G—Use of staff and facilities (1) The advisory committee may, with the agreement of the Minister, make use of the services of the staff, equipment or facilities of the Department. (2) The advisory committee may, with the agreement of a relevant agency or instrumentality, make use of the services of staff, equipment or facilities of any other agency or instrumentality of the Crown. Part 2—Health and safety duties Division 1—Introductory Subdivision 1—Principles that apply to duties 13—Principles that apply to duties This Subdivision sets out the principles that apply to all duties that persons have under this Act. Note— The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation. 14—Duties not transferrable A duty cannot be transferred to another person. 15—Person may have more than one duty A person can have more than one duty by virtue of being in more than one class of duty holder. 16—More than one person can have a duty (1) More than one person can concurrently have the same duty. (2) Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty. (3) If more than one person has a duty for the same matter, each person— (a) retains responsibility for the person's duty in relation to the matter; and (b) must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. 17—Management of risks (1) A duty imposed on a person to ensure health and safety requires the person— (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable. (2) A person must comply with subsection (1) to the extent to which the person has the capacity to influence and control the matter or would have that capacity but for an agreement or arrangement purporting to limit or remove that capacity. Subdivision 2—What is reasonably practicable 18—What is reasonably practicable in ensuring health and safety In this Act— reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including— (a) the likelihood of the hazard or the risk concerned occurring; and (b) the degree of harm that might result from the hazard or the risk; and (c) what the person concerned knows, or ought reasonably to know, about— (i) the hazard or the risk; and (ii) ways of eliminating or minimising the risk; and (d) the availability and suitability of ways to eliminate or minimise the risk; and (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. Division 2—Primary duty of care 19—Primary duty of care (1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of— (a) workers engaged, or caused to be engaged by the person; and (b) workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking. (2) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. (3) Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable— (a) the provision and maintenance of a work environment without risks to health and safety; and (b) the provision and maintenance of safe plant and structures; and (c) the provision and maintenance of safe systems of work; and (d) the safe use, handling and storage of plant, structures and substances; and (e) the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and (f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and (g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking. (4) If— (a) a worker occupies accommodation that is owned by or under the management or control of the person conducting the business or undertaking; and (b) the occupancy is necessary for the purposes of the worker's engagement because other accommodation is not reasonably available, the person conducting the business or undertaking must, so far as is reasonably practicable, maintain the premises so that the worker occupying the premises is not exposed to risks to health and safety. (5) A self‑employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work. Note— A self‑employed person is also a person conducting a business or undertaking for the purposes of this section. Division 3—Further duties of persons conducting businesses or undertakings 20—Duty of persons conducting businesses or undertakings involving management or control of workplaces (1) In this section— person with management or control of a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control, in whole or in part, of the workplace but does not include— (a) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or (b) a prescribed person. (2) The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person. 21—Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces (1) In this section— person with management or control of fixtures, fittings or plant at a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control of fixtures, fittings or plant, in whole or in part, at a workplace, but does not include— (a) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or (b) a prescribed person. (2) The person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person. 22—Duties of persons conducting businesses or undertakings that design plant, substances or structures (1) This section applies to a person (the designer) who conducts a business or undertaking that designs— (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The designer must ensure, so far as is reasonably practicable, that the plant, substance or structure is designed to be without risks to the health and safety of persons— (a) who, at a workplace, use the plant, substance or structure for a purpose for which it was designed; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to— (i) the manufacture, assembly or use of the plant for a purpose for which it was designed, or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the manufacture or use of the substance for a purpose for which it was designed or the proper handling, storage or disposal of the substance; or (iii) the manufacture, assembly or use of the structure for a purpose for which it was designed or the proper demolition or disposal of the structure; or Example— Inspection, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e). (3) The designer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2). (4) The designer must give adequate information to each person who is provided with the design for the purpose of giving effect to it concerning— (a) each purpose for which the plant, substance or structure was designed; and (b) the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and (c) any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or when carrying out any activity referred to in subsection (2)(a) to (e). (5) The designer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). 23—Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures (1) This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures— (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The manufacturer must ensure, so far as is reasonably practicable, that the plant, substance or structure is manufactured to be without risks to the health and safety of persons— (a) who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to— (i) the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or (iii) the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or Example— Inspection, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e). (3) The manufacturer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2). (4) The manufacturer must give adequate information to each person to whom the manufacturer provides the plant, substance or structure concerning— (a) each purpose for which the plant, substance or structure was designed or manufactured; and (b) the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and (c) any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e). (5) The manufacturer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). 24—Duties of persons conducting businesses or undertakings that import plant, substances or structures (1) This section applies to a person (the importer) who conducts a business or undertaking that imports— (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The importer must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons— (a) who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to— (i) the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or (iii) the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or Example— Inspection, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e). (3) The importer must— (a) carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2); or (b) ensure that the calculations, analysis, testing or examination have been carried out. (4) The importer must give adequate information to each person to whom the importer provides the plant, substance or structure concerning— (a) each purpose for which the plant, substance or structure was designed or manufactured; and (b) the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and (c) any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e). (5) The importer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). 25—Duties of persons conducting businesses or undertakings that supply plant, substances or structures (1) This section applies to a person (the supplier) who conducts a business or undertaking that supplies— (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The supplier must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons— (a) who, at a workplace, use the plant or substance or structure for a purpose for which it was designed or manufactured; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to— (i) the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or (iii) the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or Example— Inspection, storage, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e). (3) The supplier must— (a) carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2); or (b) ensure that the calculations, analysis, testing or examination have been carried out. (4) The supplier must give adequate information to each person to whom the supplier supplies the plant, substance or structure concerning— (a) each purpose for which the plant, substance or structure was designed or manufactured; and (b) the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and (c) any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e). (5) The supplier, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). 26—Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures (1) This section applies to a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The person must ensure, so far as is reasonably practicable, that the way in which the plant or structure is installed, constructed or commissioned ensures that the plant or structure is without risks to the health and safety of persons— (a) who install or construct the plant or structure at a workplace; or (b) who use the plant or structure at a workplace for a purpose for which it was installed, constructed or commissioned; or (c) who carry out any reasonably foreseeable activity at a workplace in relation to the proper use, decommissioning or dismantling of the plant or demolition or disposal of the structure; or (d) who are at or in the vicinity of a workplace and whose health or safety may be affected by a use or activity referred to in paragraph (a), (b) or (c). Division 4—Duty of officers, workers and other persons 27—Duty of officers (1) If a person conducting a business or undertaking has a duty or obligation under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty or obligation. (2) Subject to subsection (3), the maximum penalty applicable under Division 5 of this Part for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence. (3) Despite anything to the contrary in section 33, if the duty or obligation of a person conducting a business or undertaking was imposed under a provision other than a provision of Division 2 or 3 of this Part or this Division, the maximum penalty under section 33 for an offence by an officer under section 33 in relation to the duty or obligation is the maximum penalty fixed under the provision creating the duty or obligation for an individual who fails to comply with the duty or obligation. (4) An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted or found guilty of an offence under this Act relating to the duty or obligation. (5) In this section, due diligence includes taking reasonable steps— (a) to acquire and keep up‑to‑date knowledge of work health and safety matters; and (b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and (c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and (d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and (e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and Examples— For the purposes of paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include: • reporting notifiable incidents; • consulting with workers; • ensuring compliance with notices issued under this Act; • ensuring the provision of training and instruction to workers about work health and safety; • ensuring that health and safety representatives receive their entitlements to training. (f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e). 28—Duties of workers While at work, a worker must— (a) take reasonable care for his or her own health and safety; and (b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and (c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and (d) co‑operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers. 29—Duties of other persons at the workplace A person at a workplace (whether or not the person has another duty under this Part) must— (a) take reas