Who must comply with PCBU 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.

Section 19 of the Work Health and Safety Act 2011 (Qld) requires a person conducting a business or undertaking (PCBU) to ensure, so far as is reasonably practicable, the health and safety of workers it engages or directs while they are at work, and that other people are not put at risk by the work. That includes a work environment without risks to health and safety, safe plant and structures, safe systems of work, safe use, handling and storage of plant, structures and substances, and adequate welfare facilities. In Queensland the Category 1 offence (s 31) covers conduct engaged in with negligence or recklessness that exposes a person to a risk of death or serious injury or illness, and Part 2A creates industrial manslaughter offences for a PCBU (s 34C) and for a senior officer (s 34D) whose negligent conduct causes a death. Both industrial manslaughter offences are crimes. Penalties are set in penalty units, valued at $100 for this Act under the Penalties and Sentences Act 1992 (Qld).

Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.

How the regulator frames it: Every person conducting a business or undertaking in Queensland, for the workers it engages or directs and for other people affected by its work; officers of a PCBU, workers and other persons at the workplace have their own duties under the Act. Senior officers are personally exposed to industrial manslaughter under s 34D.

What triggers it: Conducting a business or undertaking in Queensland that engages or directs workers, or whose work could put other people at risk.

Jurisdiction: Queensland law only. A business with no operations in QLD is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (35 of 35: yes).

The answer is the same in every industry: yes. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "yes".

Size does not change the answer across all industries: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.

When due

Continuously. The regulator must be notified immediately after the PCBU becomes aware of a notifiable incident, by the fastest possible means (telephone or in writing), with a written notice within 48 hours if the regulator asks for one (s 38).

Frequency

Ongoing

Evidence to keep

Hazard identification and risk assessments with the controls chosen; safe work procedures; plant and substance registers; worker consultation records; training and supervision records; welfare facility checks; notifiable incident notices and records; officer due-diligence reporting.

Status

Current

Priority

Critical

Maximum penalty: Category 1 offence (s 31): 3,000 penalty units ($300,000) or 5 years imprisonment for a worker or other individual; 6,000 penalty units ($600,000) or 5 years imprisonment for a PCBU or officer; 30,000 penalty units ($3,000,000) for a body corporate. Industrial manslaughter (ss 34C-34D): 20 years imprisonment for an individual and 100,000 penalty units ($10,000,000) for a body corporate. Failing to notify a notifiable incident: 100 penalty units (s 38(1))

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• WorkSafe Queensland industrial manslaughter conviction (2023): WHS criminal exposure is personal at director level. Insurance does not cover criminal penalties.

If this obligation applies to you, so do these 7: the engine uses the same rule for each.

• PCBU primary duty of care (Victoria OHS Act s 21)
• PCBU primary duty of care (NSW WHS Act s 19)
• PCBU primary duty of care (WA WHS Act 2020 s 19)
• PCBU primary duty of care (SA WHS Act s 19)
• PCBU primary duty of care (TAS WHS Act s 19)
• PCBU primary duty of care (ACT WHS Act s 19)
• PCBU primary duty of care (NT WHS Act s 19)

• QLD coal mining safety obligations (Coal Mining Safety and Health Act 1999): QLD coal mine operators must ensure acceptable level of risk under the Act.

Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulated by Workplace Health and Safety Queensland.

WHSQ: Queensland WHS regulator.

• Workplace Health and Safety Queensland

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness