- Workers, and
- Other People.
COP v23.12:Safety; Responsibilities
The person conducting a business or undertaking (PCBU) is not necessarily one person. It is a business entity in most cases, but there could be more than one PCBU involved with a project; clients, principal contractors, and sub-contractors can all be PCBUs.
The ‘Primary duty of care’ of the PCBU is to ensure the health and safety of workers and anyone else who might be affected by the work done.
The PCBU must (as far as reasonably practicable):
- Provide and maintain a workplace that is without risks to health and safety.
- Ensure the safe use, handling, and storage of plant, structures, and substances.
- Provide adequate facilities for the welfare of workers.
- Provide the information, training, instruction, or supervision that is necessary to protect all persons from risks to their health and safety arising from work.
- Monitor the health of workers and the conditions at the workplace to prevent injury or illness.
Officers are people (including chief executive officers and directors) who have significant influence over the management of a business. An advisor is not considered an officer.
Sole traders have the responsibilities of both a PCBU and an officer.
An officer must take reasonable steps to:
- Keep up to date about work health and safety matters.
- Understand the nature of the hazards and risks associated with the organisation's operations.
- Ensure the organisation has resources and processes in place to eliminate or minimise risks.
- Ensure appropriate and timely processes are in place for receiving and responding to incidents, hazards, and risks.
- Ensure there are processes for complying with any duty.
- Verify that health and safety processes are in place and being used.
A worker is anybody who carries out work on behalf of a PCBU.
- Take reasonable care to ensure the health and safety of themselves and others in the workplace.
- Comply with health and safety policies and procedures of the PCBU.
Workers have the right to refuse to undertake unsafe or dangerous work.
Other people in the workplace includes visitors and customers.
Other People must:
- Take reasonable care for their own health and safety.
- Ensure that their acts or omissions do not adversely affect the health and safety of others.
- Comply with safety instructions and procedures issued by the PCBU.