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
Industrial manslaughter Crime Class A: 20 years prison + $10M corporate
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
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.