NSW Work Health & Safety Act

1. NSWWork Health & Safety Act WHS Act Module: PCBUs, the Primary Duty of Care & Other Duties

2. About this Module Purpose: To explain the concept of Person Conducting a Business or Undertaking, who is a PCBU and what are their responsibilities WHS Act

3. Learning Outcomes WHS Act The key learning outcomes of this module are: An understanding of the concept of “Person Conducting a Business or Undertaking” (PCBU ) An understanding of why this concept has been introduced into the WHS legislation An ability to identify who will be a PCBU and who will not Knowledge of the primary duty of care obligations owed by a PCBU and who these duties are owed to Knowledge of the likely impact on your business

4. Duties Owed – OHS Act 2000 WHS Act Others at the workplace Employer and Employees THE EMPLOYMENT RELATIONSHIP

5. An ever changing work environment WHS Act

6. Changing workforce WHS Act National Review into OHS Laws 1st Report

7. Small Business is BIG Business WHS Act National Review into OHS Laws 1st Report

8. Changes in the way work is organised Australia has witnessed a marked growth in part-time, fixed term and temporary employment arrangementsin the past 30 years due to: Organisational Practices • Outsourcing • Downsizing • Restructuring • Privatisation Management Techniques • Labour hire • Franchising • Use of Technology Structural Changes: • Higher female participation • Expansion of service industries WHS WHS

9. Reform needed: WHS Act New WHS legislation needed to:

10. Person Conducting a Business or Undertaking The WHS Act applies the primary duty of care on any person who conducts a business or undertaking WHY? • They influence one or more elements that go to the performance of workand • They may affect the health and safety of those doing the work or those affected by the work WHS Act

11. What is a business or undertaking? WHS Act 2012 Activities carried out by, or under the control of, a person Whether alone or with others Whether or not for profit or gain Including activities conducted by: A corporation, partnership, Unincorporated association Self employed person Government agency

12. Who will be a PCBU The primary duty is owed by the operator of the business or undertaking; Examples are: WHS Act 2012 Some of these duty holders will also have specified “further duties”

13. Who will NOT be a PCBU A person engagedsolely as a worker or officer of PCBU A volunteer association – provided no person is employed to carry out work for the organisation A charitable, social or sporting organisation – when carrying outpurely social activities; but will be if activities are of a commercial nature Persons who engage workers solely forprivate or domestic purposes on an ad hoc basis An elected member of a local authority WHS Act

14. Who is a Worker? A worker is a person who carries out work in any capacity for a PCBU, including work as: • an employee • a contractor or subcontractor • an employee of a contractor or subcontractor • an employee of a labour hire company assigned to work in the business or undertaking • an outworker • an apprentice or trainee • a student on work experience • a volunteer WHS Act

15. What WHS Act says PCBUs must do: Primary duty of Care: A PCBU MUST so far as is reasonably practicable, ensure the health & safety of: Other persons who could be put at risk from work carried out by PCBU Workers engaged, or caused to be engaged by the PCBU Workers whose activities are influenced or directed by the PCBU WHS Act

16. Specific obligations: Safe work environment Workplace monitoring Safe plant & structures Information, training, instruction, supervision Primary Duty of Care Safe systems of work Facilities for workers’ welfare Safe use, handling & storage of plant, structures & substances WHS Act

17. Worker Accommodation WHS Act The accommodation & the means of entering & leaving it must be safe and without risks to the health & safety of any worker occupying the premise The PCBU’s primary duty of care includes maintaining accommodation so it is without risks to workers occupying it – if it is necessary to provide such accommodation for workers

18. Other PCBU Duties WHS Act

19. PCBU will have additional duties WHS Act

20. Multiple PCBUs in respect of same activities: • Each PCBU MUST comply with their duty, so far as is reasonably practicable Landlord Retailer WHS Act • Each PCBU must discharge their duty to the extent that they can influence or control the matter Labour Hire casuals Contract Cleaners Customers All duties are concurrent and non-tranferrable Several PCBUs may owe a duty of care to the same people concurrently :

21. What are the major differences in the WHS Act? Major difference is the application of the Primary Duty of Care WHS Act

22. What are the major differences in the WHS Act? Major difference is the application of the Primary Duty of Care WHS Act

23. What is the likely impact of these changes? WHS Act If you have existing arrangements for managing contractors and visitors the extension of the primary duty to workers and others may not be significant If you don’t have existing arrangements for managing contractors and visitors - you need to identify: what workers you have duties to what others you may owe the duty to what you need to do to extend a duty of care to them

24. The Goal • Improved safety outcomes because of better communication between PCBUs and more effective risk management, as a result of: • Everyone who conducts a business or undertaking having a primary duty of care to anyone who can be affected by their operations • Increased shared responsibility between PCBUs for the same activity • The requirement to consult, cooperate and coordinate with other PCBUs WHS Act

25. Assessment questions WHS Act How is a business or undertaking defined for the purposes of the WHS Act? Who is NOT a PCBU under the WHS Act? What is the PCBU’s primary duty? List 5 specific things that a PCBU must do in order to meet their primary duty of care.

26. Continued WHS Act