The principles that apply to all duties in the Work Health and Safety Act 2011 are:
- a duty is not transferable
- a person may have more than one duty
- more than one person can have the same duty
- risks are managed to ensure they are eliminated or minimised, so far as is reasonably practicable.
Primary duty of care
The person conducting a business or undertaking (PCBU) 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.
- 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.
Call now to speak with our Work Health & Safety Lawyers.
1300 553 343
By Sam Roberts,
Managing Director, Accredited Specialist (Commercial Litigation)
