WHS Due Diligence for CEO’s Directors and Managers – TAS edition
Topic 1 – Introduction & Key Terminologies
| Old Terminology | Current Terminology |
| Occupational Health and Safety – OH&S | Work Health & Safety – WH&S |
| Employer | Person Conducting a Business or Undertaking (PCBU) |
| Employee | Worker |
| OHS Representative | Health and Safety Representative (HSR) |
| OHS Committee | Health and Safety Committee (HSC) |
| General Managers, Director level employees | Officers |
| Authorised Officers | WHS Entry Permit Holders (Union Officials) |
One of the reasons that Employer – Employee was changed into PCBU – Worker, was to clarify that WHS laws do not depend on an Employer-Employee relationship. In other words, if you hire people who are not necessarily your employees such as contractors, labour hire workers or even volunteers, you still owe a duty to these workers.
Who is Who?
Person conducting a business or undertaking (PCBU)
A PCBU can be for instance private and public companies, local councils, government agencies, body corporates, volunteer organizations that employs paid workers, or a natural person.
E.g. Employers, self employed persons, franchisees, franchisor, principal contractors, businesses who design, manufacture, import or supply plant, substances and structures for use at work and those businesses who control workplaces, fixtures, fittings and plant at workplaces.
Officers
An Officer means a person who makes or participates in making decisions that affect the whole or a substantial part of the corporation: or a person who has the capacity to affect significantly the corporation;’s financial standing. For example Directors, Secretaries, General Managers but also potentially Senior Managers, as being an Officer is not dependent on title but on the level of authority and influence a person has within an organization.
The full definition of an Officer can be found in the Corporations Act 2001.
Workers
For example, employees, (sub)contractors, labour hire employees assigned to work for you, outworkers, apprentices, trainees, high school work experience students, volunteers.
Health and Safety Representative (HSR)
An elected individual who represents the safety concerns of their workgroup. Fully trained HSRs have certain powers under the WHS Act 2020
Health and Safety Committees (HSC)
A group of workers, consisting of management and non-management members, who meet on a regular basis with the aim to assist the PCBU in the improvement of safety in the workplace
Work Health and Safety Entry Permit Holders
Union officials who, after having successfully completed prescribed training and hold an entry permit, may seek entry and exercise their powers.