Primary duty of care
The person conducting a business or undertaking (PCBU - the new term that includes employers) has a primary duty of care to ensure workers and others are not exposed to a risk to their health and safety.
A primary duty of care is owed by a PCBU when it:
directs or influences work carried out by a worker
engages or causes to engage a worker to carry out work (including through subcontracting)
has management or control of a workplace.
The PCBU must meet its obligations, so far as is reasonably practicable, to provide a safe and healthy workplace for workers or other persons by ensuring:
safe systems of work
a safe work environment
accommodation for workers, if provided, is appropriate
safe use of plant, structures and substances
facilities for the welfare of workers are adequate
notification and recording of workplace incidents
adequate information, training, instruction and supervision is given
compliance with the requirements under the work health and safety regulation
effective systems are in place for monitoring the health of workers and workplace conditions.
PCBUs must also have meaningful and open consultation about work health and safety with its workers, health and safety representatives and health and safety committees.
PCBU must consult, cooperate and coordinate with other PCBUs with whom they share duties.
Primary duty of care
The person conducting a business or undertaking (PCBU - the new term that includes employers) has a primary duty of care to ensure workers and others are not exposed to a risk to their health and safety.
A primary duty of care is owed by a PCBU when it:
directs or influences work carried out by a worker
engages or causes to engage a worker to carry out work (including through subcontracting)
has management or control of a workplace.
The PCBU must meet its obligations, so far as is reasonably practicable, to provide a safe and healthy workplace for workers or other persons by ensuring:
safe systems of work
a safe work environment
accommodation for workers, if provided, is appropriate
safe use of plant, structures and substances
facilities for the welfare of workers are adequate
notification and recording of workplace incidents
adequate information, training, instruction and supervision is given
compliance with the requirements under the work health and safety regulation
effective systems are in place for monitoring the health of workers and workplace conditions.
PCBUs must also have meaningful and open consultation about work health and safety with its workers, health and safety representatives and health and safety committees.
PCBU must consult, cooperate and coordinate with other PCBUs with whom they share duties.
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