38 Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces

(1)

A PCBU who manages or controls fixtures, fittings, or plant at a workplace must, so far as is reasonably practicable, ensure that the fixtures, fittings, or plant are without risks to the health and safety of any person.

(2)

Despite subsection (1), a PCBU who manages or controls fixtures, fittings, or plant at a workplace does not owe a duty under that subsection to any person who is at the workplace for an unlawful purpose.

(3)

In this section, a PCBU who manages or controls fixtures, fittings, or plant at a workplace

(a)

means a PCBU 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

(b)

does not include—

(i)

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

(ii)

a prescribed person.

Compare: Model Work Health and Safety Act (Aust) s 21