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.
Who must comply
WA PCBUs, officers, workers, others.
What triggers it
Conducting any business or undertaking.
When due
Continuous.
Evidence required
Risk assessments, training, consultation, incident reports.
Max penalty
Category 1 (causing death or serious harm): up to $3.5M (body corporate) / $680K (officer) / $340K (worker) + 5 years prison. Separate industrial manslaughter (crime): $10M (corporations) or $5M + 20 years (individual).
Summary
Section 19 of the WHS Act 2020 (WA) imposes the primary duty. WA introduced industrial manslaughter on commencement (31 March 2022) — Crime Class A up to 20 years prison (individuals) + $10M corporate, Crime Class B up to 10 years + $5M.
Enforced by
Source legislation
Topics
Related obligations
- 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.
- 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.
- WAWA mining safety (Mines Safety and Inspection Act 1994)WA mine operators must ensure safe and healthy mines under MSIA + WHS Act 2020.
- CWLTHManage psychosocial hazards at workWHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.
- CWLTHComply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³)From 1 December 2026 the 0.05 mg/m³ silica standard becomes a legally binding workplace exposure limit (WEL).
Frequently asked questions
- Who must comply with PCBU primary duty of care (WA WHS Act 2020 s 19)?
- WA PCBUs, officers, workers, others.
- What triggers PCBU primary duty of care (WA WHS Act 2020 s 19)?
- Conducting any business or undertaking.
- When is PCBU primary duty of care (WA WHS Act 2020 s 19) due?
- Continuous.
- What is the maximum penalty for PCBU primary duty of care (WA WHS Act 2020 s 19)?
- Category 1 (causing death or serious harm): up to $3.5M (body corporate) / $680K (officer) / $340K (worker) + 5 years prison. Separate industrial manslaughter (crime): $10M (corporations) or $5M + 20 years (individual).
- What evidence is required for PCBU primary duty of care (WA WHS Act 2020 s 19)?
- Risk assessments, training, consultation, incident reports.
Source: https://commerce.wa.gov.au/worksafe/work-health-and-safety-act-2020. Rules Mate is not a law firm. Always verify against the live regulator source before acting.