Skip to main content

PCBU Overview

Definition​

A Person Conducting a Business or Undertaking (PCBU) is any person who conducts a business or undertaking, whether alone or with others, and whether or not for profit.

[!note] Broad Application The term PCBU is deliberately broad and captures most business structures including companies, unincorporated bodies, partnerships, sole traders, and government agencies.

Who is a PCBU?​

PCBUs include:

  • Employers - Companies and businesses that engage workers
  • Principal contractors - Entities managing construction projects or coordinating multiple contractors
  • Self-employed persons - Sole traders and independent contractors
  • Franchisors and franchisees - Both have PCBU duties
  • Labour hire companies - Have duties for workers they supply
  • Designers - Of buildings, structures, plant, and substances
  • Manufacturers and importers - Of plant, substances, and structures
  • Suppliers - Of plant, substances, and structures
  • Installers and constructors - Of plant and structures

[!important] Multiple PCBUs A workplace typically has multiple PCBUs with overlapping duties. Each must fulfill their duty to the extent they have the capacity to influence and control the matter.

Primary Duty of Care​

Under section 19 of the WHS Act, a PCBU must ensure, so far as is reasonably practicable, the health and safety of:

  1. Workers while they are at work in the business or undertaking
  2. Workers whose activities are influenced or directed by the business or undertaking
  3. Other persons who may be affected by the work carried out (e.g., visitors, customers, members of the public)

What the Primary Duty Includes​

The PCBU must ensure, so far as is reasonably practicable:

1. Safe Work Environment and Systems​

Providing and maintaining:

  • A work environment without risks to health and safety
  • Safe systems of work
  • Safe access to and egress from the workplace

Construction Example: A construction PCBU must ensure scaffolding is safely erected and maintained, access ladders are secure, walkways are clear and lit, and workers can safely enter and exit the site.

2. Safe Plant and Substances​

Providing and maintaining:

  • Plant (equipment, machinery, vehicles) without risks to health and safety
  • Structures without risks to health and safety
  • Safe systems for use, handling, storage, and transport of plant and substances

Construction Example: A PCBU hiring out excavators must ensure the plant is maintained, has operator protective structures, is fitted with appropriate safety devices, and comes with operation manuals and safety information.

3. Adequate Facilities​

Providing:

  • Adequate facilities for the welfare of workers (toilets, drinking water, meal areas, first aid)
  • Appropriate facilities considering the nature of work and workplace

Construction Example: Construction PCBUs must provide clean toilets, hand washing facilities, drinking water, and shelter for meal breaks, even at temporary or remote sites.

4. Information, Training, Instruction, and Supervision​

Providing:

  • Information about hazards and risks
  • Training to work safely
  • Instruction on safe work procedures
  • Supervision appropriate to workers' experience and the work being performed

Construction Example: Before workers use powered cutting tools for concrete, the PCBU must provide information about silica dust hazards, training on wet cutting techniques and respiratory protection, instruction on the specific equipment, and supervision until competence is demonstrated.

5. Health Monitoring​

Monitoring:

  • Conditions at the workplace
  • Health of workers (where required by regulations)

Construction Example: PCBUs must conduct air monitoring where workers may be exposed to hazardous dusts, fumes, or vapours, and arrange health surveillance for workers exposed to specific substances like lead or asbestos.

6. Consultation with Workers​

Consulting with workers:

  • About matters affecting their health and safety
  • When identifying hazards and assessing risks
  • Before making decisions about control measures
  • About changes that may affect their work

See Consultation, Cooperation, and Coordination for detailed requirements.

Reasonably Practicable​

The qualification "so far as is reasonably practicable" requires the PCBU to:

  1. Identify what could be done to ensure health and safety
  2. Assess the risk associated with the hazard
  3. Consider what is available and suitable to eliminate or minimise the risk
  4. Weigh the cost of control measures against the risk

Factors to consider:

  • Likelihood of the hazard or risk occurring
  • Degree of harm that might result
  • Knowledge about the hazard, risk, and control measures (actual and reasonably obtainable)
  • Availability and suitability of ways to eliminate or minimise the risk
  • Cost of available control measures balanced against the risk

[!warning] Cost Not Determinative While cost can be considered, it is never acceptable to fail to implement necessary controls simply because they are expensive. The greater the risk, the more must be spent to control it.

Specific PCBU Types​

Designers of Structures, Plant, and Substances​

Must ensure their designs are without risks to health and safety when constructed, manufactured, or used for the intended purpose.

Manufacturers and Importers​

Must ensure plant, substances, and structures are manufactured or imported without risks to health and safety.

Suppliers​

Must ensure plant, substances, and structures are supplied without risks to health and safety when used, handled, or stored for their intended purpose.

Installers, Erectors, and Commissioners​

Must ensure plant and structures are installed, erected, or commissioned without risks to health and safety.

Multiple PCBUs - Overlapping Duties​

When multiple PCBUs have a duty in relation to the same matter, each must:

  1. Fulfill their duty to the extent they have the capacity to influence and control the matter
  2. Consult, cooperate, and coordinate with other duty holders
  3. Exchange information about risks and control measures

Construction Site Example:

  • Principal contractor: Controls site access, coordinates work activities, manages site-wide risks
  • Subcontractors: Control their workers' activities and work methods
  • Plant hire company: Ensures plant is safe and provides information about safe use
  • Labour hire company: Ensures supplied workers are appropriately trained

Each PCBU must fulfill their specific duties and work together through consultation and coordination.

Duties Cannot Be Transferred​

[!important] Non-Delegable Duty A PCBU cannot transfer or contract out of their WHS duties. While tasks can be delegated, the PCBU retains responsibility for ensuring compliance.

A principal contractor remains responsible for overall site safety even when engaging subcontractors. The subcontractors also have their own PCBU duties.

Relationship with Officers​

Officers of PCBUs (directors, partners, senior managers) have a separate duty to exercise due diligence to ensure the PCBU complies with its duties.

This creates accountability at the governance level and ensures WHS is integrated into business decision-making.