This information is designed to help WA organisations and their associated workforces (including volunteers) understand the Work Health and Safety laws.
A WHS service provider is a person conducting a business or undertaking (PCBU) that provides work health and safety services to another business or undertaking.
What are the duties of WHS service providers under the WHS Act?
WHS service providers must ensure, so far as is reasonably practicable, that the services are provided so that any relevant use of them at, or in relation to a workplace, will not put at risk the health and safety of people at the workplace. The duty applies only to services that could potentially pose a risk in the workplace. It will most commonly apply to WHS services provided to a PCBU and tailored to the circumstances of a particular workplace.
If the WHS service is incorrectly used, or not used for its intended purpose, by the recipient of the services (in other words, the service is not applied to its ‘relevant use’), the WHS service provider cannot be held responsible.
While it will depend on the circumstances, it is unlikely that general advice or training could be considered a WHS service.
Note: The provision of a WHS service does not relieve a PCBU of their duties under the WHS Act.
For further information on WHS service providers see Duty of persons conducting business or undertakings that provide services relating to work health and safety: interpretive guideline.