Workplace Health and Safety (WHS) legislation imposes serious duties on every person conducting a business or undertaking (PCBU) in Australia. Failing to meet these obligations can result in fines exceeding $3 million and even imprisonment.
Your Primary Duty of Care
As a PCBU, you must ensure the health and safety of workers and others who may be affected by your business activities, so far as is reasonably practicable. This includes providing safe systems of work, adequate training, and properly maintained equipment.
Risk Management Framework
Effective WHS management follows a four-step process: identify hazards, assess risks, implement controls, and review effectiveness. This cycle should be continuous and documented.
Worker Consultation
You are legally required to consult with workers on WHS matters that affect them. This includes changes to work procedures, purchasing new equipment, and investigating incidents. Consultation can occur through health and safety representatives (HSRs) or directly with workers.
Incident Reporting
Notifiable incidents must be reported to your state WHS regulator immediately. These include workplace deaths, serious injuries, and dangerous incidents. Failure to notify is a separate offence.