PCBU's Primary Duty of Care

It doesn’t matter what industry you work in, how big or small, as the person conducting a business or undertaking (PCBU) you have a primary duty of care to your workers.

WorkSafe ACT was recently notified of a worker who had fallen from heights whilst installing roof trusses at a residential construction site. The worker was transported to hospital for further monitoring and treatment. In a separate incident, WorkSafe ACT was notified of a worker who was physically assaulted in a beauty salon by a client. The worker was treated onsite with minor injuries.

While risks may vary from workplace to workplace, the role of the PCBU doesn’t change.

Both these incidents serve as a great reminder that under the Work Health and Safety Act 2011 (WHS Act), PCBUs must ensure, so far as reasonably practicable, the health and safety of their workers and the work being carried out does not pose risks to their workers’ health and safety. Failure to do so may result in further regulatory action.

During 2022-2023, WorkSafe ACT issued 2441 Improvement notices and 675 Prohibition notices against Section 19 – Primary Duty of Care of the WHS Act).

Primary Duty of Care:

As the PCBU, you must so far as reasonably practicable, ensure the health and safety of everyone in your workplace, including visitors. You are responsible for ensuring no one is put at risk as a result of the work you are doing.

If you are self-employed, you are the PCBU and responsible for the health and safety of yourself and others in your workplace (for instance, members of the community).

As the PCBU, you also must ensure that:

the work environment, systems of work, machinery and equipment are safe and properly maintained
chemicals are used, handled and stored safely
adequate workplace facilities are available
information, training, instruction and supervision are provided
workers’ health and workplace conditions are monitored, and
any accommodation you provide to your workers is safe.

The Work Health and Safety Regulation 2011 (the Regulation) sets out specific requirements that PCBUs must comply with when managing risks that arise from certain hazards or types of hazardous work. This includes construction work, hazardous atmospheres or chemicals, asbestos, confined spaces, plant, working at heights, falling objects, hazardous manual tasks, and diving work. Understanding these requirements will help in ensuring your duty of care.

WorkSafe ACT’s role is to make sure that no matter what industry, location or conditions Canberrans work in, they are provided with a safe and healthy workplace. All workers in all workplaces have the right to return home safely at the end of their shift.

Further Information:

Keep up to date on how WorkSafe ACT is working with the Canberra community to improve work health and safety by following WorkSafe ACT on LinkedIn.