Question 1
Employers owe employees a duty of care to provide a safe system of work. Explain what this means, referring to relevant Australian legal cases and practical examples to support your response. (15 marks)
Question 2 (this question may be informed by your answer to Question 1, but is separate from the above)
Doug was employed as a carpenter. He is reliant on only one eye for his vision as he suffered a hereditary defect in the other eye. His regular duties included maintenance and building repair work. One day he was asked by his employer to do some timber milling work. Whilst using the mill for the first time, (with no safety equipment or training provided) a small piece of timber flies into the eye that Doug uses for vision. Despite attempts medically to save the eye, Doug ends up blind. Identify the legal issues arising from the facts and advise Doug, referring to occupational health and safety issues. (15 marks)
In writing your response, ensure that you answer the questions posed in this document, addressing the criteria in the Criterion-Referenced Marking Rubric (below). In brief, students will be assessed on the depth of discussion provided on the topics and issues, supported by reference to relevant theory and discussion of law. The clarity, coherence, and quality of the discussion advanced is important and most marks are given for analysis; very few marks will be given for merely restating information (including the facts).
