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 WHS Training: What Training?

What class of WHS Duty Holder are you?

Courtenell WHS training

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 "person" as a human being. A sole trader can be a PCBU, but his sole trader status is his identity as a legal entity as distinct from his identity as a human being, in which case he is considered an Officer of their business. PCBU's may hire other PCBU's, such as contractors. There may be multiple PCBU's sharing the same premises. Every PCBU must have a WHS managemenrt system that supports the PCBU's overarching duty of care obligation. (See WHS Act, Sections 19, 20, 21.)

Courtenell WHS training

Officers of the PCBU.

 

While a PCBU is the legal entity, Officers are the individuals who actually manage the business. This group includes business owners, directors, senior executives, and board members who have the power to make significant decisions that shape the organization. They manage the business by directing their leadership teams to execute day-to-day operations and maintain compliance. However, while they can delegate tasks, they cannot delegate their legal obligations. Officers have specific duties under WHS Law to exercise "due diligence" as part of their assurance role. Officers may be personally liable in the event of a breach.

Courtenell WHS training

Workers.

 

These are the people in the workforce that do the work. This includes those who supervise and manage the work. Workers must follow the rules and requirements of the WHS management system and be accountability for their own conduct to themselves, to the staff they work with, and to visitors and customers they interact with. When an Officer of the organisation is performing work as a worker he/she is considered a "worker" for that activity. Some staff positions in organisations have the word "officer" in their job title. This does not mean they are an Officer of the PCBU. (See WHS Act, Section 28)

Courtenell WHS training

Others.

 

These are persons who visit a place of business that are not staff of the business. They can be customers, contractors, delivery people, supplier representatives, or service people who come to your workplace and interact with staff and facilities. Under WHS law, site visitors and customers must take reasonable care of their own health and safety while they are present at the place of your business and must follow the rules, including any direction or supervision from managers and supervisors. (See WHS Act, Section 29.)

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