Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 25

    (1)     While at work, an employee must—

        (a)     take reasonable care for his or her own health and safety; and

        (b)     take reasonable care for the health and safety of persons who may be affected by the employee's acts or omissions at a workplace; and

        (c)     co-operate with his or her employer with respect to any action taken by the employer to comply with a requirement imposed by or under this Act or the regulations.

Penalty:     1800 penalty units.

    (2)     While at work, an employee must not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare.

Penalty:     1800 penalty units.

    (3)     In determining for the purposes of subsection (1)(a) or (b) whether an employee failed to take reasonable care, regard must be had to what the employee knew about the relevant circumstances.

    (4)     An offence against subsection (1) or (2) is an indictable offence.

Note to s. 25(4) amended by No. 68/2009 s. 97(Sch. item 90.4).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

Division 5—Duties of other persons