University Logo

UNIVERSITY WIDE POLICY

Occupational Health and Safety
- Indemnity of Staff with Health and Safety Functions -

1. Purpose

To clarify the level of indemnity and possible liabilities arising from Health and Safety Functions.


2. Scope

The following policy applies to all Health and Safety Staff (as defined).


3. Definitions

"Health and Safety Staff": employees of the University of Ballarat who perform the functions assigned to them under approved occupational health and safety policies and procedures ("Health and Safety Functions"). They include Emergency Control Personnel (Area and Campus Wardens and their deputies), Health and Safety Representatives, University First Aiders, members of Health and Safety Teams, etc. They do not include Managers and Supervisors who hold responsibilities for health and safety as part of their job at the University of Ballarat.


4. Policy Statement

The legal obligations of the University of Ballarat as an employer shield employees from personal liability for any negligence on their part (i.e. falling short of the required standard of care) in the course of their duties.

Health and Safety Staff are acting in the course of their employment at the University of Ballarat when performing Health and Safety Functions. The University is therefore bound by law, as well as by policy decision, to accept the legal and financial consequences of all actions performed in good faith by Health and Safety Staff or performed by other people under instruction or advice given in good faith by Health and Safety Staff.

Employees remain liable for deliberate, malicious or vindictive acts or advice which cause damage to others.


5. Responsibility

When managing incidents or emergencies, employees covered by this policy are required to exercise such care for the safety and welfare of others as would be expected of a reasonable, non-professional Warden, First Aider, etc who has had some degree of training and instruction, and who is faced with the emergency or incident which actually arose.

In non-emergency situations, the health and safety functions of employees covered by this policy are essentially advisory. When giving health and safety advice, employees are required to exercise, within the limits of their expertise, reasonable care as to accuracy and suitability of the advice given, with regard to the safety and welfare of the people who may receive and act upon it.


6. Legislative Context

Occupational Health and Safety Act 2004 (Victoria)


7. Associated Documents

Occupational Health and Safety Procedure - Emergency Management

Occupational Health and Safety Procedure - Incident Management


[ Top of Page ]
[ Back to OHS Manual Index ]

Warning - Uncontrolled when printed! The current version of this document is kept on the UB website.

Authorised by: University Health and Safety Policy Committee
Maintained by: Manager - Risk, Health & Safety
Review Date:   Dec-2007 		Original Issue: 17/10/2001
Current Version: 01/04/2008