PCBU primary duty of care (Victoria OHS Act s 21)
Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.
Who must comply
Victorian employers, PCBUs and officers.
What triggers it
Engaging workers; controlling workplaces.
When due
Continuous.
Evidence required
Risk assessments, control plans, training, consultation records, incident records.
Max penalty
Reckless endangerment (OHS Act s32): up to $4.07M (body corporate) or $366K + 5 years (individual). Separate workplace manslaughter offence (s39G): up to $20.35M (corporations) + 25 years (2025-26).
Summary
Section 21 of the Occupational Health and Safety Act 2004 (Vic) imposes the primary duty on employers to ensure, so far as reasonably practicable, the safety of employees and others affected by work. Industrial manslaughter (s 39G) carries up to $20.35M (corporations) and 25 years prison (2025-26).
Enforced by
Source legislation
Topics
Related obligations
- 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.
- QLDPCBU 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.
- 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.
- VICNotify VIC WorkSafe of notifiable WHS incidentsDeath, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- VICMaintain VBA registration as builder / draftsperson / surveyorVIC building practitioners must hold current registration + appropriate insurance.
- VICComply with the General Environmental Duty (VIC)Victorian PCBUs must take 'reasonably practicable' steps to minimise harm to human health and the environment.
Frequently asked questions
- Who must comply with PCBU primary duty of care (Victoria OHS Act s 21)?
- Victorian employers, PCBUs and officers.
- What triggers PCBU primary duty of care (Victoria OHS Act s 21)?
- Engaging workers; controlling workplaces.
- When is PCBU primary duty of care (Victoria OHS Act s 21) due?
- Continuous.
- What is the maximum penalty for PCBU primary duty of care (Victoria OHS Act s 21)?
- Reckless endangerment (OHS Act s32): up to $4.07M (body corporate) or $366K + 5 years (individual). Separate workplace manslaughter offence (s39G): up to $20.35M (corporations) + 25 years (2025-26).
- What evidence is required for PCBU primary duty of care (Victoria OHS Act s 21)?
- Risk assessments, control plans, training, consultation records, incident records.
Source: https://worksafe.vic.gov.au/employer-duties. Rules Mate is not a law firm. Always verify against the live regulator source before acting.