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This information is designed to help WA organisations and their associated workforces (including volunteers) understand the new Work Health and Safety laws. Short video animations have been developed for use at workplace or toolbox meetings explaining what is a PCBU.
Person conducting a business or undertaking (PCBU) is the term given to a person conducting a business or undertaking alone or with others, whether or not for profit or gain. A PCBU can be:
You are not considered a PCBU if you are:
Under the WHS Act, all PCBUs have a primary duty of care to ensure the health and safety of their workers while they are at work. In this context, 'workers' are those engaged, or caused to be engaged by the person and those whose activities in carrying out the work are influenced or directed by the person.
This primary duty of care requires PCBUs to ensure health and safety, so far as is reasonably practicable, by eliminating risks to health and safety. If this is not reasonably practicable, risks must be minimised so far as is reasonably practicable.
Under the primary duty of care, a PCBU must ensure, so far as is reasonably practicable:
The WHS Act imposes further duties on certain PCBUs who are in control of workplaces or are 'upstream' duty holders such as designers, manufacturers and importers of plants and substances.