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
Every person conducting a business or undertaking in Queensland, for the workers it engages or directs and for other people affected by its work; officers of a PCBU, workers and other persons at the workplace have their own duties under the Act. Senior officers are personally exposed to industrial manslaughter under s 34D.
What triggers it
Conducting a business or undertaking in Queensland that engages or directs workers, or whose work could put other people at risk.
When due
Continuously. The regulator must be notified immediately after the PCBU becomes aware of a notifiable incident, by the fastest possible means (telephone or in writing), with a written notice within 48 hours if the regulator asks for one (s 38).
Evidence required
Hazard identification and risk assessments with the controls chosen; safe work procedures; plant and substance registers; worker consultation records; training and supervision records; welfare facility checks; notifiable incident notices and records; officer due-diligence reporting.
Max penalty
Category 1 offence (s 31): 3,000 penalty units ($300,000) or 5 years imprisonment for a worker or other individual; 6,000 penalty units ($600,000) or 5 years imprisonment for a PCBU or officer; 30,000 penalty units ($3,000,000) for a body corporate. Industrial manslaughter (ss 34C-34D): 20 years imprisonment for an individual and 100,000 penalty units ($10,000,000) for a body corporate. Failing to notify a notifiable incident: 100 penalty units (s 38(1))
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Section 19 of the Work Health and Safety Act 2011 (Qld) requires a person conducting a business or undertaking (PCBU) to ensure, so far as is reasonably practicable, the health and safety of workers it engages or directs while they are at work, and that other people are not put at risk by the work. That includes a work environment without risks to health and safety, safe plant and structures, safe systems of work, safe use, handling and storage of plant, structures and substances, and adequate welfare facilities. In Queensland the Category 1 offence (s 31) covers conduct engaged in with negligence or recklessness that exposes a person to a risk of death or serious injury or illness, and Part 2A creates industrial manslaughter offences for a PCBU (s 34C) and for a senior officer (s 34D) whose negligent conduct causes a death. Both industrial manslaughter offences are crimes. Penalties are set in penalty units, valued at $100 for this Act under the Penalties and Sentences Act 1992 (Qld).
Enforced by
Source legislation
Topics
Related
- 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.
- 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.
- 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.
- SAPCBU primary duty of care (SA WHS Act s 19)South Australia PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
- TASPCBU primary duty of care (TAS WHS Act s 19)Tasmania PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
Reading
Frequently asked questions
- Who must comply with PCBU primary duty of care (QLD WHS Act s 19)?
- Every person conducting a business or undertaking in Queensland, for the workers it engages or directs and for other people affected by its work; officers of a PCBU, workers and other persons at the workplace have their own duties under the Act. Senior officers are personally exposed to industrial manslaughter under s 34D.
- What triggers PCBU primary duty of care (QLD WHS Act s 19)?
- Conducting a business or undertaking in Queensland that engages or directs workers, or whose work could put other people at risk.
- When is PCBU primary duty of care (QLD WHS Act s 19) due?
- Continuously. The regulator must be notified immediately after the PCBU becomes aware of a notifiable incident, by the fastest possible means (telephone or in writing), with a written notice within 48 hours if the regulator asks for one (s 38).
- What is the maximum penalty for PCBU primary duty of care (QLD WHS Act s 19)?
- Category 1 offence (s 31): 3,000 penalty units ($300,000) or 5 years imprisonment for a worker or other individual; 6,000 penalty units ($600,000) or 5 years imprisonment for a PCBU or officer; 30,000 penalty units ($3,000,000) for a body corporate. Industrial manslaughter (ss 34C-34D): 20 years imprisonment for an individual and 100,000 penalty units ($10,000,000) for a body corporate. Failing to notify a notifiable incident: 100 penalty units (s 38(1))
- What evidence is required for PCBU primary duty of care (QLD WHS Act s 19)?
- Hazard identification and risk assessments with the controls chosen; safe work procedures; plant and substance registers; worker consultation records; training and supervision records; welfare facility checks; notifiable incident notices and records; officer due-diligence reporting.
Source: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-018. Rules Mate is not a law firm. Always verify against the live regulator source before acting.