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 WHS Training: What Training?

What category of WHS Duty Holder are you? 

 

There are four duty holders identified under WHS Law (all states and territories with the exception of Victoria have the same duty holders.)

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  • PCBU (Person Conducting a Business or Undertaking.) A PCBU is a business, organisation, or corporation that employs people to do work for them. "Person" in this Legal sense means "legal entity" It does not mean "human being." PCBU's may hire other PCBU's, such as contractors. There may be multiple PCBU's sharing the same premises. (See WHS Act, Sections 19, 20, 21.)​

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  • Officers of the PCBU. These are business owners, company directors and any senior person who can make significant decisions for the business. A PCBU is a "name on paper." Officers are human beings. If not managing the business themselves, they are in charge of the leadership team who carry out the day-to-day operations of the undertaking. Under WHS Law, Officers have an active role in ensuring a PCBU is meeting its mandatory obligations. (See WHS Act, Section 27.) Officers may be personally prosecuted in the event of a breach.​

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  • Workers. These are the people in the workforce that do the work. This includes the people who supervise and manage others. When an Officer is performing work as a worker he/she is considered a "worker" for that activity. Some workers have the word "officer" in their job title. This does not mean they are an Officer of the PCBU. (See WHS Act, Section 28)

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  • Others. These are persons who visit a work site that are not staff. They can be customers, contractors, delivery people, supplier representatives, and service people who come to your workplace. (See WHS Act, Section 29.)

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Health and Safety training may be specific for a particular WHS duty holder or apply to multiple WHS duty holders.

 

Two pieces of legislation govern WHS law for all businesses in NSW: The WHS Act 2011, and the WHS Regulation 2025. There is other legislation for specific industries (such as Mining, Rail, Sea, and Air) but the WHS Act and WHS Regulation applies to all individuals, companies, organisations, and corporations that employ people.  ​

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Recommended training for Officers

(Board Members, Business Owners, Company Directors, and Executive Officers)

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  • Officers of a PCBU have specific WHS duties under Section 27 of the WHS Act. These duties apply to Board members, Business owners, Company directors, and Executive Officers and are "non-delegable duties." We recommend Officers who are interested in expanding their application of, or validating and reinforcing, their duties as Officers of a PCBU attend the Courtenell WHS Due Diligence for Officers course. 

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  • PCBUs must have measures in place to consult with staff on WHS matters. There are many ways that consultation can take place so long as those activities are in accordance with Sections 46-49 of the WHS Act. If your business is looking at formalizing its WHS consultation arrangements and wants to explore the various ways they might be able to achieve this we recommend directors, CEOs, and senior managers attend the Courtenell WHS Consultation Compliance course.

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  • The PCBU is responsible for the provision of the WHS management system. Officers must ensure that it exists and ensure it operates successfully. Supervisors and managers must supervise and manage staff to follow the rules. Managers and supervisors must also ensure customers, and site visitors follow all safety protocols while at the workplace. Workers must follow the rules of the management system and take care of their own health and safety as well as be conscious of how their conduct may affect the people they work with, while at work. A course that addresses all WHS duty holders and their duties and how they interrelate in the workplace is the Courtenell Responsibilities for WHS Duty Holders course.

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  • Psychosocial hazards and risks are to be managed in the same way as any other physical risks in the workplace as per amendments made to the NSW WHS Regulation in 2022. Psychosocial is no longer just the domain of HR. It is the duty of the PCBU to manage risks. We recommend directors, CEOs and senior managers attend the Courtenell Psychosocial Risk Management Course.

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  • Under the Legislation Act 2003 all businesses and legal entities must adhere to local state or territory laws when they have operations in those states or territories. Victoria is not on the Model WHS laws and a WHS management system cannot be extended to VIC operations without being significantly modified. For businesses that have operations in Victoria we recommend directors, CEOs and Senior Managers attend the Courtenell OHS Law for Employers & Officers (Victoria) course.​​

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Recommended training for the Leadership team, Managers, and Supervisors

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  • It is the duty of the PCBU to manage hazards and risks in the workplace. How business owners and directors ensure this is by utilising their leadership team to successful employ WHS risk management principles to either eliminate or control identified hazards and risks. Supervisors and managers need to be aware of risk management principles as they may be the first to come upon a hazard or risk to be handled on an immediate basis and report them to management. We recommend the leadership team and front-line supervisors and managers attend the Courtenell Management of WHS Risks course.

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  • Psychosocial hazards and risks are to be managed according to the Psychosocial Risk Management Code of Practice, as per amendments to the NSW WHS Regulation in 2022 and 2025. Psychosocial is no longer just the domain of HR. Supervisors and managers need to be alert to how staff are being treated and that bullies, "gas lighters", and antisocial staff are caught before hazards become incidents. Supervisors and managers need to know what constitutes bullying and harassment and be able to recognise concerns with members of their teams and their own and others' conduct. To support the actions of management to manage risks we recommend your leadership team also attend the Courtenell Psychosocial Risk Management course.

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  • A WHS risk management course that is a practical program with minimal theory may benefit front-line supervisors and workers. Courtenell offers a practical course delivered at your premises that uses your company risk assessment tools to assess, review, and recommend new or modified solutions (if any) for the risk controls in the workplace and have the facilitator at their disposal for any questions or assistance. This practical approach to reviewing risk controls is the Courtenell WHS Specialised Risk Assessment course.

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Recommended training for Workers

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  • Workers are their own category of WHS duty holder. Workers must follow the rules of the WHS management system, follow sensible instructions from their supervisors, and take care of their own health and safety as well as be conscious of how their conduct may affect the people they work with, including customers and visitors. Such employees may benefit from attending a Courtenell WHS Responsibilities for Workers course.

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  • Psychosocial hazards and risks are to be managed according to the recommendations laid out in the Psychosocial Risk Management Code of Practice, according to amendments to the NSW WHS Regulation in 2022 and 2025. Psychosocial is no longer just the domain of HR. Supervisors and managers need to be alert to how staff are being treated and that bullies, "gaslighters", and antisocial staff are caught before hazards become incidents. Workers need to know what constitutes bullying and harassment and be alert to any signs of concerns amidst their fellow staff, and be aware of their own conduct. To support the actions of management to manage risks we recommend workers also attend the Courtenell Psychosocial Risk Management course.

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Recommended training for Health and Safety Representatives (HSRs)
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  • HSRs are elected to represent groups of workers who have been grouped into "work groups" for the purposes of WHS consultation. The organisation has an obligation to train HSRs upon request. SafeWork NSW has an initial course and a refresher course for HSRs. Courtenell is a SafeWork NSW Approved Training Provider (ATP) for the delivery of both these courses. For new HSRs we recommend they attend the HSR Initial 5 Day course (Safework NSW Approved).

 

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Recommended training for Health and Safety Committee members
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Recommendations for High-Risk, Awareness, and Refresher training​
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  • Specific licenses are required to perform work classified in the WHS Regulations as "High Risk." The Regulations specify the course of training required to obtain a license for each category. Some examples are Working at Heights and Working in Confined Spaces. A PCBU (organisation) may not allow anyone to perform high-risk work for them who is not licensed for that work. Courtenell delivers a wide range of awareness courses to refresh persons who are ticketed in these areas as well as general refresher training for on-the-job roles such as for Fire Wardens. These courses are not accredited but may serve as evidence of training for internal audits or continuous improvement programs. Recommendations for high-risk, Awareness, and Refresher training here. 

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