What is a 'Person conducting a business or undertaking(PCBU)?

A 'Person conducting a business or undertaking' (PCBU) is a broad term encompassing various entities engaged in commercial activities, ranging from a self-employed person, companies, government departments, business partnerships and government bodies to name a few.

Under the Work Health and Safety Act 2020, a PCBU has a primary duty of care to ensure the health and safety of workers and others affected by the work being carried out. This duty extends to ensuring the workplace is without risks to health and safety, providing safe systems of work, and maintaining safe premises.

Duties of a PCBU:

·        Ensuring a safe work environment: The main duty of a PCBU is to provide and maintain a work environment that is without risks to health and safety. This includes ensuring the safety of physical premises, machinery, equipment, and systems of work.

·        Providing safe systems of work: PCBU must establish and maintain processes for identifying hazards, assessing risks, and implementing control measures to mitigate risks to health and safety.

·        Consultation with workers: PCBUs are required to consult with workers and their representatives on matters related to health and safety. This includes sharing information, seeking input on risk assessments, and involving workers in decision-making processes that may affect their health and safety.

·        Provision of information, training, and supervision: PCBUs must ensure that workers receive adequate information, training, instruction, and supervision to safely perform their duties. This includes educating workers on potential hazards, safe work practices, and emergency procedures.

·        Monitoring and reviewing: PCBUs are obligated to monitor the health and safety conditions in the workplace regularly and review safety procedures to ensure they remain effective and up-to-date.

Examples of a business or undertaking

•        A retailer

•        A wholesale business

•        A manufacturing business

•        An importer that is on-selling the imported goods

•        An owner-driver of their own transport or courier business

•        A fast food franchisor and the operator of the fast food outlet (the franchisee)

•        A self-employed person operating their own business, including a householder if they operate a business or undertaking from home

•        A government department or government agency

•        A local council

•        A school

•        Partnerships and unincorporated joint ventures –where the partnership or joint venture is unincorporated, each partner is a person conducting the business or undertaking of the partnership or joint venture

•        A builder (including principal contractors and sub-contractors)

•        A not-for-profit organisation that engages and pays administrative staff

•        A clothing manufacturer employing outworkers

•        A strata company that engages any worker as an employee

•        A mining company

•        A contracting company that operates a mine for a mining company (any contractors, subcontractors, and sub-contractors of the sub-contractors

Who is not a person conducting a business or undertaking?

A person who is not conducting a business or undertaking typically refers to individuals who are not directly responsible for managing or controlling a workplace. This might include visitors, customers, clients, volunteers, and sometimes independent contractors who are not in control of the workplace or the work being conducted.

Responsibilities of a PCBU contractor:

PCBUs engaging contractors to perform work on their behalf also have responsibilities to ensure the health and safety of those contractors and their workers. This includes:

·        Ensuring contractors are competent and adequately trained for the work they are undertaking.

·        Providing relevant information about workplace hazards and safety procedures.

·        Cooperating and coordinating with contractors to manage health and safety risks effectively.

Is an employee considered a PCBU?

Individual employees, while not considered PCBUs themselves, still have responsibilities under the Work Health and Safety Act 2020. They are obligated to take reasonable care for their own health and safety, cooperate with their employer regarding health and safety measures, and not engage in behaviour that may put themselves or others at risk.

Understanding the role of a 'Person conducting a business or undertaking' (PCBU) is crucial for ensuring workplace health and safety. PCBUs play a pivotal role in creating a safe work environment and complying with legislative requirements outlined in the Work Health and Safety Act 2020. By fulfilling their duties diligently, PCBUs contribute to the well-being of workers and the overall success of businesses.

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Other relevant information to this article;

Duties of a PCBU – Safe Work Australia

The meaning of 'person conducting a business or undertaking' (PCBU) – WA.gov.au

Work Health & Safety Act 2020 – WA

What is a PCBU – Video – Worksafe WA

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