Who must comply with 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.

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.

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

How the regulator frames it: 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.

Jurisdiction: Western Australia law only. A business with no operations in WA 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; 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.

Frequency

Ongoing

Evidence to keep

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.

Status

Current

Priority

Critical

Maximum 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.

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.

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 (QLD WHS Act 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)

• WA mining safety (Mines Safety and Inspection Act 1994): WA mine operators must ensure safe and healthy mines under MSIA + WHS Act 2020.

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 WorkSafe Western Australia.

WorkSafe WA: WA WHS regulator under WHS Act 2020 (WA).

• WorkSafe Western Australia

Free tools that help with this obligation:

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