PCBUs
Further information
For further information around general harmonisation, the Act and the regulations and codes of practice. Safe Work Australia is an Australian Government statutory agency, which was established to drive the development and implementation of model WHS legislation.The principal duty holder is a ‘person conducting a business or undertaking’ and replaces the term ‘employer’. PCBUs include the Commonwealth, Commonwealth Authorities, non-Commonwealth licensees, principal contractors, and will, in some cases, necessitate an analysis to understand who is a PCBU in a particular factual context under the new WHS laws.
The duty imposed on a PCBU is probably the most significant conceptual change from the majority of previous OHS Acts. For the public sector, it means that every activity that could give rise to a risk is captured in both policy and operational.
This change is aimed at ensuring that the WHS Act coverage extends beyond the traditional employer / employee relationship to include new and evolving work arrangements and risks.
The WHS Act also places specific upstream duties on PCBUs who carry out specific activities:
- persons with management or control of a workplace/fixtures, fittings and plant
- designers, manufacturers, importers, suppliers and PCBUs that install construct or commission plant or structures.
- Duties extend to any PCBU who is contributing to work has a duty of care – this can be more than one duty in relation to specific activities
‘Volunteer association’ (as defined) is not treated as a business or undertaking.