Who is a PCBU under the WHS laws?

• A PCBU is a person conducting a business or undertaking.
• A ‘business or undertaking’ is intended to be read broadly and covers businesses and undertakings conducted by people including:
  • employers;
  • principal contractors;
  • head contractors;
  • franchisors; and
  • the Crown.
• The law explicitly provides that a self-employed person is a PCBU as they must ensure their own health and safety while at work.
• Generally the following entities are excluded from the definition of a PCBU:
  • people engaged solely as workers or officers of the business or undertaking;
  • a volunteer organisation without any paid employees;
  • strata title body corporates; and
  • people that engage contractors on an ad hoc basis such as parents that engage casual babysitters.
• If however a person engages a contractor on a regular basis they may be a PCBU. This may apply for example if you have engaged someone to mow your lawn every week.
• If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.