PCBU primary duty of care (NSW WHS Act s 19)
NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
Who must comply
NSW PCBUs, officers, workers, others.
What triggers it
Conducting any business or undertaking.
When due
Continuous.
Evidence required
Safe work method statements, training records, consultation records, incident reports.
Max penalty
Up to $20M (corporations) for industrial manslaughter + 25 years prison (individuals)
Summary
Section 19 of the Work Health and Safety Act 2011 (NSW) imposes the primary duty. Industrial manslaughter offence (introduced 2024) carries up to 25 years prison + $20M corporate penalty. Category 1, 2 and 3 offences underpin enforcement; due diligence duty for officers under s 27.
Enforced by
Source legislation
Topics
Source: https://safework.nsw.gov.au/legal-obligations/employer-business-obligations. Rules Mate is not a law firm. Always verify against the live regulator source before acting.