PCBU in Australian WHS law

Posted by SkillMaker in Sep, 2014

What is the PCBU in Australian WHS law?

PCBU stands for person conducting a business. The WHS Act places the primary duty of care and various other duties and obligations on a PCBU. This is a broad concept that is used to apply to all types of modern working arrangements.

What is the purpose of determining a PCBU in Australian WHS law?

A PCBU must ensure, so far as is reasonably practicable, that the health and safety of workers and other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. A PCBU will be liable if they expose a person to risk to their health and safety and the risk arose from work carried out as part of the conduct of the business or undertaking.

A PCBU is determined in any kind of business or organization so that there will be an efficient delivery of emergency procedures during an emergency. Through determining the PCBU, workers may easily pinpoint the person liable should an exposure to risks of safety and health ever happen as a part of usual business.

What are the different types of a PCBU in Australian WHS law?

A PCBU is the legal entity operating a business or undertaking. He could be an individual person or an organisation that is involved in business undertakings.

PCBUs that are organisations are entities that have a specific structure, a staff and a set of managerial positions in a company. It could be public companies, private companies, trustees that are companies, cooperatives that are companies, government departments and authorities, incorporated associations if they employ someone, local authorities (municipal corporations or councils) and schools or universities. A PCBU is not an individual, unless they are conducting the business in their own name as a sole trader or partner.

PCBUs who are individuals are sole traders or those that are self-employed. These could be partners in partnerships, sole traders and the self-employed, individual trustees of trusts and committee members of unincorporated associations if they employ someone.

What are the duties or responsibilities of a PCBU in Australian WHS law?

A PCBU has distinct responsibilities as specified by Australian WHS laws. And just like any other entity that is entrusted with ensuring the safety and well-being of his employees and people that reports directly to him, a PCBU should ensure that his employees’ or workers work environment are conducive to health and safety especially during times of emergencies. According to WHS law, the following are the most important duties and responsibilities of a PCBU:

A PCBU must ensure, so far as it may be reasonably done, the health and safety of workers and other persons.
A PCBU will be held responsible if they expose a person’s safety and health to risk
PCBUs’ duties are qualified by what is “reasonably practicable” in ensuring people’s health and safety.

What terms are used when operating as a PCBU in Australian WHS law?

The following are terms, along with their respective meanings regarding how a PCBU operates:

Person conducting a business or undertaking (PCBU) A PCBU conducts a business or undertaking alone or with others. To meet the definition

Worker A worker is someone who carries out work for a PCBU and includes an employee, a contractor, an employee of a contractor or a subcontractor, an apprentice, an outworker or a volunteer

Workplace is a place where work is carried out for business or undertaking and includes. Any place where a worker goes, or is likely to be, while at work. This includes a vehicle,

HSR (Health and Safety Representative) is a person elected as the health and safety representative for the work group of

Officer than a partner in a partnership; or an officer of the Crown (someone who makes or participates in making decisions. An officer has a duty to exercise due diligence to ensure that their organisation complies with the new laws.