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PCBU 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.

criticalcurrentongoingCriminal liability

Who must comply

Every PCBU in Western Australia, including mining, exploration and petroleum operators, with duties also on officers, managers, supervisors and workers. Protected workers include employees, contractors and subcontractors, apprentices and trainees, work experience students, volunteers and service providers.

What triggers it

Conducting a business or undertaking at any workplace within Western Australia, including mines and petroleum or geothermal energy operations.

When due

Continuously; notifiable incidents must be reported to WorkSafe and the incident site preserved, and an inspector may issue a non-disturbance notice to preserve a site.

Evidence required

Hazard and risk assessments with controls; records showing approved codes of practice were followed or an equivalent standard used; consultation and representation records; training and supervision records for workers, contractors and volunteers; notifiable incident records; licence and registration records for high risk work and plant.

Max penalty

Industrial manslaughter: $5,000,000 for an individual PCBU or officer, $10,000,000 for a body corporate. Category 1 (failure that caused death or serious harm): $340,000 (worker or other individual), $680,000 (PCBU or officer), $3,500,000 (body corporate). Category 2: $170,000 / $350,000 / $1,800,000. Category 3: $55,000 / $120,000 / $570,000. Failing to notify a notifiable incident: $12,500 (individual) or $55,000 (body corporate). Amounts per Safe Work Australia's comparison table as at 1 August 2026

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

Summary

The Work Health and Safety Act 2020 (WA) and its regulations took effect on 31 March 2022, aligning Western Australia with the national model WHS laws. The Act places the primary duty on the person conducting a business or undertaking (PCBU): to ensure, so far as is reasonably practicable, the health and safety of workers at the workplace and of others, such as volunteers and visitors, affected by the work. The WA Act covers mines and petroleum and geothermal energy operations, through three sets of regulations: the General, Mines, and Petroleum and Geothermal Energy Operations Regulations 2022. Major hazard facilities and dangerous goods remain under the Dangerous Goods Safety Act 2004. A PCBU must comply with approved codes of practice or use a method giving an equivalent or higher standard. The WorkSafe Commissioner is the regulator; industrial manslaughter prosecutions are brought only by the Director of Public Prosecutions.

Enforced by

Source legislation

Topics

whswaprimary-dutyindustrial-manslaughter

Related

Frequently asked questions

Who must comply with PCBU primary duty of care (WA WHS Act 2020 s 19)?
Every PCBU in Western Australia, including mining, exploration and petroleum operators, with duties also on officers, managers, supervisors and workers. Protected workers include employees, contractors and subcontractors, apprentices and trainees, work experience students, volunteers and service providers.
What triggers PCBU primary duty of care (WA WHS Act 2020 s 19)?
Conducting a business or undertaking at any workplace within Western Australia, including mines and petroleum or geothermal energy operations.
When is PCBU primary duty of care (WA WHS Act 2020 s 19) due?
Continuously; notifiable incidents must be reported to WorkSafe and the incident site preserved, and an inspector may issue a non-disturbance notice to preserve a site.
What is the maximum penalty for PCBU primary duty of care (WA WHS Act 2020 s 19)?
Industrial manslaughter: $5,000,000 for an individual PCBU or officer, $10,000,000 for a body corporate. Category 1 (failure that caused death or serious harm): $340,000 (worker or other individual), $680,000 (PCBU or officer), $3,500,000 (body corporate). Category 2: $170,000 / $350,000 / $1,800,000. Category 3: $55,000 / $120,000 / $570,000. Failing to notify a notifiable incident: $12,500 (individual) or $55,000 (body corporate). Amounts per Safe Work Australia's comparison table as at 1 August 2026
What evidence is required for PCBU primary duty of care (WA WHS Act 2020 s 19)?
Hazard and risk assessments with controls; records showing approved codes of practice were followed or an equivalent standard used; consultation and representation records; training and supervision records for workers, contractors and volunteers; notifiable incident records; licence and registration records for high risk work and plant.

Source: https://www.worksafe.wa.gov.au/work-health-and-safety-laws. Rules Mate is not a law firm. Always verify against the live regulator source before acting.