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

Up to $19.65M (corporations) for industrial manslaughter; lower but substantial for Cat 1 / 2 / 3 breaches

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 $19.6M (corporations) and 25 years prison.

Enforced by

Source legislation

Topics

whsvicprimary-dutyindustrial-manslaughter

Source: https://worksafe.vic.gov.au/employer-duties. Rules Mate is not a law firm. Always verify against the live regulator source before acting.