WHS for Health and Safety Committees – NSW Edition
Lesson 1 Topic 2: Duty Holders
Duty Holders
1) Person Conducting a Business or Undertaking (PCBU)
Including e.g. Employers, Self Employed (Sole Traders), Businesses. A PCBU can therefore be a body corporate or a natural person.
The PCBU has the Primary Duty of Care to ensure the health and safety of workers and others who may be affected by the work carried out. A PCBU achieves these duties through activities such as:
● Workplace monitoring
● Providing safe systems of work
● Providing safe plant and substances
● Providing information, instruction, training, supervision
● Ensuring the safe use handling and storage of plant, structures and substances
● Providing facilities for workers
● Consultation, issue resolution and incident notification.
2) Officers
Including e.g. General Managers, Directors, CEOs
Officers are persons who make, or participate in making decisions that affect the whole, or a substantial part of the business of the corporation; or a person who has the capacity to affect significantly the corporation’s financial standing.
Officers must exercise Due Diligence, to ensure the PCBU meets its primary Duty of Care.
Due Diligence is a positive duty.
Officers must be pro-active in exercising these duties.
3) Workers
Includes everybody in the workplace, including employees, contractors, volunteers in their capacity as a worker, apprentices etc.
Must take reasonable care for their own safety and the safety of others.
Comply with reasonable instructions from PCBU to assist them in complying with the WHS Act.
Cooperate with WHS policies or procedures that workers have been notified of.
4) Person with management or control of a workplace
Must ensure safe access and egress and anything arising from the workplace must be without risks to the health and safety of any person.
5) Designers, Manufacturers & Suppliers
Provide safe plant and substances without risk to health when properly used
Provide adequate information about plant and substances to ensure safe use e.g. safety manuals, safety data sheets (SDS), training etc.
6) Others
Includes customers, visitors, members of the public, sales representatives etc.
Take reasonable care for their own safety and safety of others.
Comply with reasonable instructions from PCBU.
7) Self Employed Persons
Includes sole traders
Ensure their own health and safety (so far as is reasonably practicable) while at work.
Self-employed persons are also considered to be a PCBU.
8) WHS Entry Permit Holders
Union Officials who completed an approved WHS Entry Permit Holder course
Inquire into suspected contravention of WHS Act
Inspect workplace relating to contravention
Inspect/copy documentation relating to contravention
Consult with workers
Consult with PCBU
Warn persons exposed to serious / immediate WHS risk
It is important to note that ALL of the above duty holders are also WORKERS and therefore also have the duties of a WORKER in addition to their listed duties.
