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Update 15-04-workplace-health-and-safety.md

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2021-03-31 20:01:00 +11:00
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@@ -15,19 +15,19 @@ When employees identify an alleged hazard which arises from carrying out their j
Upon judgment proceeding for the employees:
- They shall have redress in the form of declaratory relief, that the alleged hazard is in fact a hazard.
- They shall have redress in the form of an injunction against the employer to add the hazard to the list in the job description.
- They shall have good claim to a cause of action known as the "Unameliorated Hazard" claim.
- They shall have good claim to a cause of action known as the "Unameliorated Workplace Hazard" claim.
## Making employers provide safe work environments:
Employers are expected to provide work places which demonstrate a **good faith** effort to ensure that any hazards which may reasonably arise from the nature/configuration of the particular environment/equipment/tools/supplies provided by the employer are ameliorated. Employers may demonstrate such good faith efforts by providing, for each of the hazards occasioned by the particular nature/configuration of the environment/equipment/tools/supplies, a method of using the environment/equipment/tools/supplies which:
Employers are expected to provide work places which demonstrate a **good faith** effort to ensure that any hazards which may reasonably arise from the nature/configuration of the particular environment/equipment/tools/supplies provided by the employer are ameliorated. Employers may demonstrate such good faith efforts by providing, for each of the hazards occasioned by the particular nature/configuration of the environment/equipment/tools/supplies, a method of using the environment/equipment/tools/supplies which:
- When diligently followed/deployed by the employees ameliorates the hazard.
- Is resourced by the employer sufficiently so as to make it practical for the employees to follow/deploy.
- Can readily be demonstrated by the employer to be maintained in an operational state or on standby, ready to be deployed in a timely manner, depending on the type of hazard under consideration.
### Cause of action: "Unameliorated Hazard":
### Cause of action: "Unameliorated Workplace Hazard":
Should any of the published hazards for a job description not have a good faith method provided by the employer which ameliorates the hazard, any and all of the employees (whether or not their particular job description incurs the alleged hazard) shall have standing to file suit against the employer under the cause of action, "Unameliorated Hazard".
Should any of the published hazards for a job description not have a good faith method provided by the employer which ameliorates the hazard, any and all of the employees (whether or not their particular job description incurs the alleged hazard) shall have standing to file suit against the employer under the cause of action, "Unameliorated Workplace Hazard".
Upon judgment proceeding for the employees:
- Both sides of the advocacy shall present a set of options for methods to ameliorate the hazard.