PCBU primary duty of care (QLD WHS Act s 19)
QLD PCBUs must ensure health and safety so far as reasonably practicable; industrial manslaughter live since 2017.
Who must comply
QLD PCBUs, officers, workers, others.
What triggers it
Conducting any business or undertaking.
When due
Continuous.
Evidence required
Risk assessments, control measures, training, consultation, incident records.
Max penalty
Category 1 (reckless breach of the primary duty): up to $3M (body corporate) / $600K (officer) / $300K (worker) + 5 years prison. Separate industrial manslaughter offence: $10M (corporations) + 20 years.
Summary
Section 19 of the Work Health and Safety Act 2011 (Qld) imposes the primary duty. Queensland was first to introduce industrial manslaughter (2017) — corporate penalties up to $10M, individuals up to 20 years prison. Cat 1 / 2 / 3 framework applies.
Enforced by
Source legislation
Topics
Related obligations
- VICPCBU primary duty of care (Victoria OHS Act s 21)Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.
- NSWPCBU 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.
- WAPCBU primary duty of care (WA WHS Act 2020 s 19)WA adopted harmonised model WHS Act 2020 with industrial manslaughter offences from 31 March 2022.
- QLDQLD coal mining safety obligations (Coal Mining Safety and Health Act 1999)QLD coal mine operators must ensure acceptable level of risk under the Act.
- QLDHold current QBCC licence for QLD building workQLD building work > $3,300 requires QBCC licensing + minimum financial requirements.
- QLDPay long service leave under the IR Act 2016 (Qld)QLD employees accrue 8.6667 weeks LSL after 10 years' continuous service; pro-rata after 7 years.
Frequently asked questions
- Who must comply with PCBU primary duty of care (QLD WHS Act s 19)?
- QLD PCBUs, officers, workers, others.
- What triggers PCBU primary duty of care (QLD WHS Act s 19)?
- Conducting any business or undertaking.
- When is PCBU primary duty of care (QLD WHS Act s 19) due?
- Continuous.
- What is the maximum penalty for PCBU primary duty of care (QLD WHS Act s 19)?
- Category 1 (reckless breach of the primary duty): up to $3M (body corporate) / $600K (officer) / $300K (worker) + 5 years prison. Separate industrial manslaughter offence: $10M (corporations) + 20 years.
- What evidence is required for PCBU primary duty of care (QLD WHS Act s 19)?
- Risk assessments, control measures, training, consultation, incident records.
Source: https://worksafe.qld.gov.au/laws-and-compliance/work-health-and-safety-laws. Rules Mate is not a law firm. Always verify against the live regulator source before acting.