Health and Safety Committee Refresher Course
Topic 3: Duty Holders
Under the safety acts there are various types of duty holders and these include:
- Person conducting a business or undertaking (PCBU). In Victoria, the OHS Act refers to “Employer”.
- Officers, which is top level management
- Workers or employees
- Other persons.
In this session we will look at the main legal responsibilities of each type Duty Holder.
PCBU/Employer
Essentially, the PCBU or Employer, is the person whose name appears on your payslip. Employers are mostly organizations like companies, associations, government councils etc. but It is important to realize that self employed persons are also deemed to be PCBUs or employers and therefore have the same safety duties.
So what must the PCBU or employer do to achieve a safe workplace?
Well they are ultimately responsible for safety in the workplace. Most jurisdictions refer to this responsibility as “Primary Duty of Care” which really means: The buck stops with the Employer or PCBU.
This safety duty includes issues like the provision and maintenance of:
- safe plant, structures and substances
- a safe working environment,
- adequate facilities,
- training, instruction, information and supervision,
- personal protective equipment etc.
PCBUs and Employers also have additional duties such as:
- consultation with workers and other duty holders on safety matters.
- notify the Regulator of notifiable incidents
- resolve safety issues.
Refer to your handbook to find a further breakdown of what PCBU or employer duties are.
Failing to meet these legal duties can lead to heavy fines that can go up into the millions of dollars and there are also jail sentences for individuals under certain circumstances.
Officers
Officers are those who have a very high level of influence and decision-making authority.
Officers make decisions that can affect the entire or a significant part of the organization or whose decisions can significantly affect the organization’s financial standing. So people at director level or higher will most likely be deemed to be Officers. However, senior managers, may also be deemed to be Officers depending on their level of authority and influence within the organziation.
It is the legal duty of officers to make sure that the PCBU or employer meets its legal obligations under the law. In most jurisdictions, the activities an officer must undertake to achieve this duty is called Due Diligence.
Officers have a higher level of liability and responsibility compared to those that report to them and are expected to be proactive and have a personal involvement in safety management.
Non-compliance with their safety duties may lead to heavy personal fines and even jail sentences.
Workers/Employees
A Worker includes employees, contractors, labour hire employees, volunteers etc. Essentially anyone doing work for an Employer or PCBU.
Workers are responsible for their own health and safety and the safety of others who may be affected by anything that they do or fail to do.
Workers must also comply with reasonable instructions and cooperate with policies and procedures that they have been notified of by the employer.
Under the law, Workers can also be prosecuted, fined and even be sent to jail if they breach their obligations under the law. Worker liability is assessed in the context of what the PCBU/Employer has done for that Worker.
Other Persons
Now except in Victoria, the Work Health and Safety Act explicitly identifies “other persons” as duty holders as well. These are people like visitors and members of the public and they have very similar duties as Workers in the workplace.
In the Victorian Occupational Health and Safety Act, “other persons” is a reference to specific type businesses such as importers, manufacturers, designers or persons with management or control of workplaces etc.
