Subpart 2—Duties of PCBUs

36 Primary duty of care

(1)

A PCBU must ensure, so far as is reasonably practicable, the health and safety of—

(a)

workers who work for the PCBU, while the workers are at work in the business or undertaking; and

(b)

workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are carrying out the work.

(2)

A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

(3)

Without limiting subsection (1) or (2), a PCBU must ensure, so far as is reasonably practicable,—

(a)

the provision and maintenance of a work environment that is without risks to health and safety; and

(b)

the provision and maintenance of safe plant and structures; and

(c)

the provision and maintenance of safe systems of work; and

(d)

the safe use, handling, and storage of plant, substances, and structures; and

(e)

the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and

(f)

the provision of any information, training, instruction, or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

(g)

that the health of workers and the conditions at the workplace are monitored for the purpose of preventing injury or illness of workers arising from the conduct of the business or undertaking.

(4)

Subsection (5) applies if—

(a)

a worker occupies accommodation that is owned by, or under the management or control of, a PCBU; and

(b)

the occupancy is necessary for the purposes of the worker’s employment or engagement by the PCBU because other accommodation is not reasonably available.

(5)

The PCBU must, so far as is reasonably practicable, maintain the accommodation so that the worker is not exposed to risks to his or her health and safety arising from the accommodation.

(6)

A PCBU who is a self-employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work.

Compare: Model Work Health and Safety Act (Aust) s 19