(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.