Definitions

PCBU

A person in control of a business or undertaking (PCBU) is a person that conducts all forms of working arrangements as a business or an undertaking, and the work can be alone or with others and is not dependent on profit or gain.

A person engaged solely as a worker in, or as an officer of the business or undertaking does not conduct a business or undertaking.

Types of PCBUs can include:

• public and private companies
• partners in a partnership
• sole traders and self-employed people
• government departments and authorities
• associations if they have one or more employees
• local government councils

• independent schools
• cooperatives
• universities.

For the purposes of the Health and Safety Act (2011), a volunteer association does not conduct a business or undertaking. However, a PCBU must meet their obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people like visitors and volunteers.

Person with control means:

Person with control over a workplace means a person who has management or control of a workplace. An owner of a workplace and an occupier of a workplace can be persons with control of workplaces, to the extent that they have management or control of the workplace. An employer may also be the owner or occupier of a workplace.

Person with control of work means a person who has management or control over work. An employer, owner, manager of a labour hire company, franchisee and franchisor, will be a person with control of work and a self-employed person, such as a sub-contractor, can be persons with control of work. Each is considered a person with control of work to the extent that they have management or control of the work.

Contractor:

Contractors and sub-contractors could be a worker, an employer or both. All employers in the ACT must have a valid Workers' Compensation insurance policy (a compulsory insurance policy) to cover their workers in the event of a workplace related injury.

An employer includes an entity and the legal representative of a deceased employer. If a worker is temporarily lent or hired to someone else by the original employer, then the original employer is still considered to be the employer.

A worker may also include contractors and casuals who work under a contract on a regular and systematic basis, or the individual has a reasonable expectation of the engagement continuing on a regular and systematic basis, even if the engagement has not been on a regular or systematic basis.

If a principal contractor subcontracts any part of the work, they may have to pay compensation for a worker employed by a subcontractor, if the subcontractor is uninsured, i.e. the subcontractor does not have valid Workers' Compensation insurance in the ACT to cover workers. If the principal pays compensation to an injured worker of a subcontractor, the principle may be able to seek reimbursement from the subcontractor.

Officers

Due diligence involves taking reasonable steps:

• To acquire and keep up-to-date knowledge on WHS matters
• To gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations
• To ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking
• To ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information
• To ensure that the PCBU has, and implements, processes for complying with any duty or obligation the PCBU has under the WHS Act

1. An officer’s duty is to exercise ‘due diligence’ to ensure their PCBU meets its duties to protect workers and other persons against harm to health and safety.
2. Officer must ensure that the PCBU has in place appropriate systems of work and must actively monitor and evaluate WHS management.
3. The officer duty recognises that officers have corporate governance responsibilities and, through their decisions and behaviour, strongly influence the culture and accountability of the business or undertaking
4. They can influence important decisions on the resources that will be made available for the purposes of WHS, and the policies that will be developed to support compliance by the PCBU with the model WHS laws.
5. An officer can only comply with their duty by taking an active and inquisitive role in WHS.

5. Allocation of resources, support accountability and implementation of appropriate policies for a healthy safe work culture

Worker

A worker is an individual who works under a contract of service or for labour only, where the worker works directly with the employer (the principle).

This means the individual performs part or all the work for the principal. Someone employed under a contract for service who works regularly is a worker, unless the below applies (see Who is not a worker).

An individual is taken to be a worker employed by a labour hirer if the individual has been engaged by the labour hirer under a contract for service to work for someone other than the labour hirer, there is no contract to perform work between the individual and the person for whom the work is being performed, the individual personally does part or all the work.

If the labour hirer is a corporation and the individual is not an executive officer of the corporation the individual is a worker.

Vocational education and training

Skills Canberra is responsible and accountable for the provision of strategic advice and overall management of vocational education and training (VET) in the ACT.

The news section of the Skills Canberra website has regularly updated information on training initiatives in the ACT and nationally, as well as tools to support duty holders. You can also subscribe to receive notifications of updates and news items by completing the subscribe form on the Skills Canberra website.

My Skills is the national directory of VET organisations and courses. It is an Australian Government initiative, designed for employers, individuals, students and job seekers. It provides information on training and registered training organisations (RTOs) that best suit your needs.

Contact WorkSafe ACT

Call WorkSafe ACT on 13 22 81 Monday to Friday, 7am to 8pm, and on weekends from 8am-5pm.

International callers please use +61 2 6207 5111. International call rates apply.

After hours, call us on 0419 120 028.

Email WorkSafe at worksafe@worksafe.act.gov.au