Does PCBU primary duty of care (SA WHS Act s 19) apply to sole traders?

Yes. Across every industry and every size band, the engine's answer for a sole trader is: yes.

Does PCBU primary duty of care (SA WHS Act s 19) apply to businesses with 1–5 employees?

Yes (1–5 employees, turnover $100K–$1M).

When is "PCBU primary duty of care (SA WHS Act s 19)" due?

Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident.

Who must comply with PCBU primary duty of care (SA WHS Act s 19)?

What the obligation is

South Australia PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.

Section 19 of the Work Health and Safety Act 2012 (SA) imposes the primary duty of care on every person conducting a business or undertaking (PCBU) in South Australia: so far as is reasonably practicable, a safe work environment, safe plant and structures, safe systems of work, safe use and storage of substances, adequate facilities, information, training and supervision, and monitoring of workers' health and workplace conditions. "Health" includes psychological health. Officers must exercise due diligence (s 27). The Work Health and Safety Act 2012 (SA) follows the model WHS Act, so the duty is the same as in the other model-law jurisdictions; the penalties and the industrial manslaughter offence are set locally.

The applicability test

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

How the regulator frames it: Every PCBU operating in South Australia, including sole traders and businesses with no employees, plus officers and workers.

What triggers it: Conducting a business or undertaking in the jurisdiction (whether or not you employ anyone).

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

Which industries are in or out

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.

Business structure and size

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".

Worked examples

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.

What you must do, and when

When due: Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident.
Frequency: Ongoing
Evidence to keep: WHS risk register and control plan (including psychosocial hazards); safe work procedures; induction, training and supervision records; consultation records with workers; incident and hazard reports; officer due-diligence records (board WHS reporting).
Status: Current
Priority: Critical

Penalty for not complying

Maximum penalty: Category 1 offence (reckless or grossly negligent conduct exposing a person to risk of death or serious injury): up to $3,000,000 (body corporate), $600,000 (PCBU or officer as an individual) or $300,000 (other individual), per Safe Work Australia's comparison table as at 1 August 2026. A death caused by a reckless or negligent breach is separately punishable as industrial manslaughter (see industrial-manslaughter-sa).

Criminal liability

Breaches can be prosecuted as criminal offences, not only civil contraventions.

Audit or assurance level

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.

Obligations with the same applicability test

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

Obligations that usually travel with it

Where it sits in the corpus

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.

Regulator, legislation and tools

Regulated by SafeWork SA.

SafeWork SA: SA WHS regulator.

SafeWork SA

Free tools that help with this obligation:

Run the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.

Questions

Who must comply with PCBU primary duty of care (SA WHS Act s 19)?: Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.
Does PCBU primary duty of care (SA WHS Act s 19) apply to sole traders?: Yes. Across every industry and every size band, the engine's answer for a sole trader is: yes.
Does PCBU primary duty of care (SA WHS Act s 19) apply to businesses with 1–5 employees?: Yes (1–5 employees, turnover $100K–$1M).
When is "PCBU primary duty of care (SA WHS Act s 19)" due?: Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident.

Sources

SafeWork SA: official source

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.