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.