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  • How the new laws came about
  • Understanding the WHS Act 2011
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Duties

Person conducting a business or undertaking (PCBU)

Duties of PCBUs

The new laws require a person conducting a business or undertaking (PCBU) to ensure, so far as is reasonably practicable:

• the provision and maintenance of a work environment without risks to health and safety;
• the provision and maintenance of safe plant and structures;
• the provision and maintenance of safe systems of work;
• the safe use, handling, storage and transport of plant, structures and substances;
• the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities;
• the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and
• that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

Officers

Under the Work Health and Safety Act 2011 (WHS Act 2011), an officer is:

• an officer within the meaning of s.9 of the Corporations Act 2001 (Cth)
• an officer of the Crown (someone who makes or participates in making decisions that affect the whole, or a substantial part of the business or undertaking of the Crown but not a Minister)
• an officer of a public authority (but not an elected member of a local authority)
• a committee person of an unincorporated association.

An officer has a duty to exercise due diligence (PDF, 106 kB) to ensure that their organisation complies with the new laws. An officer can be found guilty of an offence regardless of whether the organisation has been found guilty.

In particular, the new laws impose a specific duty on officers of corporations and unincorporated bodies such as clubs and associations to exercise due diligence to ensure that the corporation, club or association meets its work health and safety obligations. This requires officers to be proactive in ensuring that the corporation, club or association complies with its duties. In demonstrating due diligence (PDF, 106 kB), officers will need to show that they have taken reasonable steps to complete all of the following:

• acquire and update their knowledge of health and safety matters
• understand the operations being carried out by the person conducting the business or undertaking in which they are employed, and the hazards and risks associated with the operations
• ensure that the person conducting the business or undertaking has, and uses, appropriate resources and processes to eliminate or minimise health and safety risks arising from work being done
• ensure that the person conducting the business or undertaking has appropriate processes in place to receive and respond promptly to information regarding incidents, hazards and risks
• ensure that the person conducting the business or undertaking has, and uses, processes for complying with duties or obligations under the WHS Act 2011.

Workers

Workers and other persons
The new WHS Act has a broader definition of worker than that in Queensland's current Workplace Health and Safety Act 1995. It includes any person who undertakes work, in any capacity, in or as part of a business or undertaking. Workers must:

• take reasonable care of own health and safety
• take reasonable care that conduct does not adversely affect others
• comply, so far as she/he is reasonably able with instruction
• cooperate with reasonable notified policies or procedures.

Workers - What's new
Workers include:

• an employee
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire company who has been assigned to work in the person's business or undertaking
• an outworker
• an apprentice or trainee
• a student gaining work experience
• a volunteer

Under the new WHS Act, workers can form work groups for the purposes of electing health and safety representatives (HSRs) and to be represented on workplace health and safety committees. Under the broadened definition of 'worker', it will be possible for a work group at a workplace to consist of the employer's direct employees, labour hire workers and contractor's employees, who will all be eligible to vote for a HSR to represent that group.

The new legislation allows workers the right to cease work if they are exposed to a serious risk. There has always been a common law right for workers to cease work where there is a serious risk. The legislation provides for the process of what needs to happen if workers are ceasing work. First of all immediate notification to management is required and then going through an issue resolution process to try and resolve that matter. The legislation provides for workers to be deployed to other suitable duties at the workplace or other duties at another workplace. The new legislation also provides that health and safety representatives can direct workers to cease work. The health and safety representative has to consult with management if possible, before directing workers to cease work. But if not, immediately after that's occurred.

Principal contractors

View construction work for information on principal contractor duties.

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