Work Health & Safety
3. Duty of Care
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 31 Aug 2015
- Under the harmonised WHS legislation the primary duty of care falls to the person carrying out the business or undertaking (known as the ‘PCBU’). Among other things a PCBU is expected to:
- manage risks;
- consult with workers;
- provide training; and
- manage workplace incidents.
- In addition to the numerous duties owed under WHS legislation the most important obligations are:
- hazard identification;
- risk assessment;
- risk control;
- consultation with workers; and
- the provision of training for workers.
- If you are unsure about your obligations under WHS law you can use our free Find a Lawyer directory to contact a lawyer near you.
- Effective risk management is fundamental to achieving compliance with WHS legislation. Under the law a PCBU must systematically:
- identify hazards to which workers are exposed;
- assess their seriousness and the likelihood of them eventuating; and
- implement effective controls to eliminate or reduce the risk of harm.
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