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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.

criticalcurrentongoingCriminal liability

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 $4.18M (20,000 penalty units, body corporate) or $376,380 (1,800 penalty units) + 5 years (individual). Separate workplace manslaughter offence (s39G): up to $20.91M (100,000 penalty units, body corporate) + 25 years (2026-27 penalty unit).

Who must comply with this? The applicability test by industry, business structure and size.

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. Workplace manslaughter (s 39G) carries up to $20.91M (100,000 penalty units, body corporate) and 25 years prison (2026-27 penalty unit).

Enforced by

Source legislation

Topics

whsvicprimary-dutyindustrial-manslaughter

Related

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 $4.18M (20,000 penalty units, body corporate) or $376,380 (1,800 penalty units) + 5 years (individual). Separate workplace manslaughter offence (s39G): up to $20.91M (100,000 penalty units, body corporate) + 25 years (2026-27 penalty unit).
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://www.worksafe.vic.gov.au/occupational-health-and-safety-your-legal-duties. Rules Mate is not a law firm. Always verify against the live regulator source before acting.