(a) (Employee): In this clause 16.1 a reference to an 'employee' is a reference to that term as it is defined in the OHS Legislation.
(b) (Works): Project Co must carry out and must procure that the Works are carried out:
(i) safely and in a manner that does not put the health and safety of employees or any other persons at risk; and
(ii) in a manner that protects property.
(c) (State direction): If there is a risk of injury to employees or any other person or damage to property arising from the Works:
(i) the State Representative or the Operator Representative may direct Project Co to change its manner of working or to cease working to minimise that risk; and
(ii) Project Co must, at its cost, comply with any direction given by the State Representative or the Operator Representative under clause 16.1(c)(i).
(d) (Project Co obligations): Project Co must and must ensure that the Key Subcontractors:
(i) comply with all Laws and other requirements of this Deed for work, health, safety and rehabilitation management;
(ii) commit to continuous improvement in work health and safety;
(iii) ensure that all Subcontractors and their respective employees comply with their respective obligations under the OHS Legislation;
(iv) ensure that any Subcontracts that they enter into contain the same or substantially the same terms as this clause 16;
(v) consult, co-operate and co-ordinate activities with all other persons who have a work health and safety duty in relation to the same matter;
(vi) notify the State Representative and the Operator Representative immediately (and in any event, within 12 hours after such matter arising) of any 'notifiable incident' (as defined in the OHS Legislation) in connection with, the Maintained Assets or the Project Activities;
(vii) in respect of any notifiable incident referred to in clause 16.1(d)(vi):
A. immediately provide the State Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator;
B. promptly provide the State Representative with a copy of all witness statements and the investigation report relating to the notifiable incident;
C. promptly provide the State Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and
D. within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the State Representative with a summary of the related investigations, actions to be taken and any impact on the Project that may result from the notifiable incident;
(viii) within 10 days of receipt, provide to the State Representative copies of:
A. all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable OHS Legislation to Project Co or a Subcontractor relating to work health and safety matters;
B. all formal notices issued by a health and safety representative of Project Co or a Subcontractor under or in compliance with the applicable OHS Legislation; and
C. all formal notices, written communications and written undertakings given by Project Co or a Subcontractor to the regulator or agent of the regulator under or in compliance with the applicable OHS Legislation;
(ix) institute systems to:
A. obtain regular written audit results from all Subcontractors about their ongoing compliance with OHS Legislation; and
B. ensure that Subcontractors comply with any such audit findings;
(x) provide the State Representative and the Operator Representative with a written report of all work health and safety matters (including matters in connection with clauses 16.1 and 16.2) or any other relevant matters as the State Representative may reasonably require from time to time, including a summary of Project Co's (and the Key Subcontractors') compliance with the OHS Legislation;
(xi) exercise a duty of utmost good faith to the State and the Operator in carrying out the Project Activities to enable the State and the Operator to discharge its duties under the OHS Legislation;
(xii) do not do anything or fail to do anything that would or would be likely to cause the State or the Operator to be in breach of the OHS Legislation;
(xiii) if requested by the State Representative, the Operator Representative or required by OHS Legislation, demonstrate compliance with the OHS Legislation, including providing evidence of any approvals, certificates, authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety matters; and
(xiv) comply with all reasonable requests of the State to assist the State to discharge any work health and safety obligations of the State in connection with the Project under OHS Legislation.
[Note: More detailed requirements on OHS will be included in the PSDR.]