Understanding the Primary Duty Holder under WA Work Health and Safety Laws
In Western Australia, the Work Health and Safety Act 2020 (WA) places legal duties on certain individuals and organisations to protect the health and safety of workers and others. One of the most important roles under this legislation is the Person Conducting a Business or Undertaking — commonly referred to as a PCBU.
Understanding whether you or your organisation is considered a PCBU is essential for compliance with WA’s WHS laws.
Who is a PCBU?
A PCBU is any individual or organisation that conducts a business or undertaking — regardless of whether it operates for profit. This includes:
- Sole traders (self-employed persons)
- Companies (including directors and executives)
- Partnerships
- Unincorporated associations (such as clubs or community groups)
- Government departments and local councils
What defines a PCBU is not whether the entity makes money, but whether it conducts work and engages or influences workers in that context.
Importantly, not every worker or supervisor is a PCBU. An individual is only considered a PCBU if they have responsibility for carrying on the business or undertaking itself, for example, a company director or a sole trader. A site manager, team leader, or employee acting within their role is not a PCBU unless they are also legally responsible for the business.
What Are the Legal Duties of a PCBU?
Under Section 19 of the WHS Act 2020 (WA), PCBUs have a primary duty of care to ensure, as far as is reasonably practicable, the health and safety of:
- Workers engaged or caused to be engaged by the PCBU; and
- Workers whose work activities are influenced or directed by the PCBU,
while those workers are at work.
PCBUs also have a duty to ensure that other people — such as clients, customers, and visitors — are not put at risk by work carried out as part of the business or undertaking.
Key Responsibilities of a PCBU
To meet their primary duty of care, a PCBU must take all reasonably practicable steps to:
- Provide and maintain a safe work environment
- Maintain safe systems of work
- Ensure safe use, handling, and storage of plant, structures, and substances
- Provide adequate facilities for worker welfare, including access
- Provide necessary information, training, instruction, and supervision
- Monitor health conditions and workplace risks to prevent harm
Why It Matters
Understanding your role as a PCBU is not just a legal obligation, it’s a key step in protecting your workers, your clients, and your reputation. Failure to meet these duties can lead to serious consequences, including fines, prosecution, and long-term business disruption.
Need Help Understanding Your WHS Obligations?
At Safety Solutions WA, we work with businesses, sole traders, and organisations across Perth and regional Western Australia to ensure they meet their WHS responsibilities under the law.
If you’re unsure whether you’re a PCBU — or want to confirm that your safety systems meet the requirements of the WHS Act — our experienced consultants can help.
Want to know more? See our blog on ‘What is an Officer under the WHS Act?’ here.
Contact us today to book a consultation and take proactive steps to protect your people and your business.
