Victorian Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (NO 107 OF 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 sub-section (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 sub-section (1) or (2) is an indictable offence.

    Note:     However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).