Consider reviewing your WHS Policies in a Staff Meeting to ensure that everyone is aware of what they contain
Maximum penalty for PCBUs
Maximum penalty for Officers
Maximum penalty for Workers/Others
Offences causing or risking reckless death or serious injury
$600,000 and/or 5 years imprisonment
$300,000 and/or 5 years imprisonment
Offences causing or risking death or serious injury
Offences placing persons at risk of injury or illness
A PCBU (Persons Conducting Businesses or Undertakings) is the legal definition for an employer under the WHS Act 2011.
The PCBU is the company or association you work for, the partners in a partnership or a sole trader.
An officer is a person who makes decisions that affect the direction of a business or undertaking and has the capacity to significantly affect the financial standing of the business or undertaking. If a person is responsible only for implementing those decisions, they are not considered an officer.
A worker is anyone who carries out work for a PCBU, such as:
a contractor or sub-contractor
an apprentice or trainee
a student gaining work experience
What are my Responsibilities?
As a PCBU?
PCBUs must ensure, so far as is reasonably practicable, the health and safety of:
Workers engaged by the PCBU;
Workers carrying out works for the PCBU;
Others that could be affected by the works
PCBUs must also ensure, so far as is reasonably practicable, the provision and maintenance of:
The work environment;
The equipment used at work;
The systems used;
Adequate facilities (bathrooms, kitchens etc);
As an Officer?
Officers must ensure that they practice due diligence by:
Acquiring and keeping up-to-date WHS knowledge;
Understanding the nature of operations and any risks and hazards that are associated;
Ensuring the PCBU has and uses appropriate means of limiting risk;
Ensuring the PCBU has and uses appropriate processes for processing incidents and hazards in a timely manner;
Ensuring the PCBU complies with the duties of a PCBU
As a Worker?
Take reasonable care to ensure their own health and safety;
Take reasonable care to not endanger the health and safety of others;
Comply with reasonable instruction given by the PCBU;
Co-operate with reasonable policies and procedures (workers only).