Everyone has a duty to take reasonable care for their health and safety at work and for others in the workplace.
What a PCBU must do
Under the Work and Health Safety Act 2020 (WHS Act), a person conducting a business or undertaking (PCBU), such as an employer, has a primary duty of care to workers if they:
- engage workers to carry out work
- direct or influence workers who are carrying out work.
As far as is reasonably practicable, a PCBU must ensure that the health and safety of workers are not put at risk from work carried out in the workplace. This includes safe access to and exit from the workplace for workers, volunteers, visitors and members of the general public. If a risk cannot be eliminated, the PCBU must make every effort to minimise that risk.
As a PCBU, you must consult, cooperate and coordinate with other PCBUs and duty holders operating within your workplace to develop a work health and safety management system. Duty holders can be designers, manufacturers, importers, suppliers and installers of plant, substances and officers.
When a PCBU provides a work health and safety (WHS) service to another PCBU, they have a duty to assist them in meeting their obligations under the WHS Act. A WHS service includes recommendations or advice, testing or analysis, reports, plans, programs, strategies and guidelines, or training and education.
Looking after your workers
To meet your obligations in providing a healthy and safe workplace, PCBUs need to ensure:
- safe systems of work are in place for workers, including the provision of adequate, information, instruction and training
- a safe work environment that promotes the safe use of plant, structures and substances
- adequate facilities are provided for the welfare of workers (e.g. bathrooms, drinking water, washing, eating, first aid equipment, etc.)
- effective systems are in place to regularly monitor the health of workers and workplace conditions, including the notification and recording of workplace incidents
- workers and applicable health and safety representatives are consulted on health and safety matters
- compliance with the associated regulations
It is beneficial to have meaningful and open communication with your workers and health and safety representatives on health and safety matters. This helps to reduce work-related injuries and illness. Plus, your workers are more likely to engage in consultation when their ideas and experiences are valued and included.
Learn more about consultation and worker representation.
Workers' rights
Workers have the right to a healthy and safe workplace.
Workers are any people who carry out work for a PCBU, including an employee, a contractor or a subcontractor. As a worker, you have the right to speak up about your work conditions. You also have the right to refuse to perform any unsafe work.
When starting a new job, you should be:
- given a tour and induction of the workplace, including entry and exit points, staff amenities and first aid areas
- shown the emergency evacuation point/s and be briefed on the emergency evacuation procedures
- provided with safety equipment, such as personal protective equipment (PPE) and shown how to use and wear it properly
- shown how to work safely and trained in how to use the equipment you will be working with
- introduced to your immediate supervisor, health and safety representative, if applicable, and the people you will be working with.
Learn more about what should be considered for effective inductions.
Workers are actively encouraged to take part in consultation meetings on safety in the workplace. You can also request your PCBU to facilitate an election of one or more health and safety representatives.
If consultation in the workplace has not resolved a problem you have encountered, it may be necessary to report the matter to WorkSafe.
Find out how you can report unsafe work.
What a worker must do
As a worker, you have a duty to:
- take reasonable care of yourself and not do anything that would affect the health and safety of others at your workplace
- follow safety instructions as far as you are reasonably able to, and notify your PCBU of any hazards
- cooperate and adhere to WHS instructions, and policies and procedures as instructed by your PCBU.
A worker may be prosecuted if they are found to have failed to comply with these duties.
Learn more about workers and others at the workplace.
What a manager or supervisor must do
Managers and supervisors have WHS duties that include:
- making decisions about health and safety that could affect work activities and your workers
- ensuring WHS legal requirements are met
- actioning safety reports and carrying out workplace inspections as required
- ensuring safe work method statements (SWMS) are completed and safe work practices are in place
- conducting inductions and regular safety briefings with workers
- participating in incident investigations as required
- being a role model in promoting health and safety at all opportunities.
If you are a manager or supervisor but are not officially recognised as one, you are still responsible for the carrying out of work in a safe manner in the workplace.
Learn more about managing the work environment and facilities.
It is mandatory to report incidents to WorkSafe under the work health and safety legislation. Learn more about incident notification.