If you run a business in Australia, you may already know that you have work health and safety responsibilities. But there is an important legal question behind those responsibilities: are you a PCBU?
PCBU stands for person conducting a business or undertaking. Under the model WHS framework, a PCBU is a key duty holder with a primary responsibility to ensure, so far as is reasonably practicable, the health and safety of workers and other people who may be affected by the work being carried out.
The term is broader than "employer". Depending on the circumstances, a PCBU may be a company, sole trader, partnership, association, government entity or another person conducting a business or undertaking.
For a broader overview of Australia's WHS system, including the relationship between model laws and state and territory requirements, see the WHS in Australia guide.
This article focuses specifically on PCBU duties, who can be a PCBU, what the primary duty involves, how "reasonably practicable" applies, and what happens when more than one duty holder is involved.
What Is a PCBU?
PCBU stands for Person Conducting a Business or Undertaking. It is a legal term under Australia’s model WHS laws for a person or organisation that conducts a business or undertaking and has workplace health and safety duties.
The term is broader than employer because a business can have WHS responsibilities even when it uses contractors instead of directly employing workers. Whether an activity is a business or undertaking depends on the specific circumstances.
The concept covers a range of working arrangements, including commercial businesses, self-employed operators and certain public or community organisations. However, not every individual involved in a business automatically becomes a PCBU. Someone engaged solely as a worker or officer does not become a PCBU simply because of that role. Source: Safe Work Australia's WHS duty guidance.
For a broader explanation of the regulatory context, read ACT's Australian WHS framework.
Who Can Be a PCBU?
A PCBU can be an individual or an organisation, depending on the circumstances. The key question is whether they conduct a business or undertaking, not simply what job title they hold.
Examples can include:
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Companies and employers: Shops, offices, factories, warehouses and other businesses.
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Sole traders/self-employed: Individuals running their own business, such as tradespeople.
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Partnerships: People conducting a business together.
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Government bodies: Certain government departments, agencies and councils.
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Organisations/associations: Some non-commercial organisations that employ workers.
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Businesses using contractors: A business may still have WHS duties when contractors perform work.
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Host businesses: Organisations using labour-hire workers may have duties towards those workers.
For example, a business using an external cleaning contractor may still have WHS duties because it controls aspects of the workplace. A self-employed contractor can also be both a PCBU and a worker, depending on the circumstances.
A self-employed contractor can be both a PCBU and a worker. However, a supervisor or employee is not automatically a PCBU just because they supervise work or give safety instructions. PCBU duties depend on the actual work situation and relevant WHS laws.
Organisations can also review ACT's guidance on workplace safety training requirements to understand how training fits into their wider workplace responsibilities.
What Are the Main PCBU Duties Under Australian WHS Laws?
A PCBU's primary duty of care is to ensure, so far as is reasonably practicable, the health and safety of workers while they are at work. It must also ensure that other people are not put at risk by work carried out as part of the business or undertaking.
The model WHS Act sets out key areas of this duty in section 19. These include the work environment, plant and structures, systems of work, facilities, information, training, supervision and monitoring. The exact legal requirements must be checked against the legislation that applies to the business. See Safe Work Australia's guidance on PCBU duties.
Provide and Maintain a Safe Work Environment
A PCBU must, so far as reasonably practicable, provide and maintain a safe work environment. This includes:
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Safe workplace layout and conditions
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Proper lighting and ventilation
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Safe floors, access routes and exits
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Managing physical health and safety risks
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Managing relevant psychological and psychosocial risks
The required safety measures depend on the work, risks and circumstances.
Provide Safe Plant, Structures and Systems of Work
PCBUs have responsibilities to provide and maintain safe plant and structures, as well as safe systems of work. This includes considering how machinery, equipment, tools and work processes are used in real workplace conditions, not just how they are described in written procedures.
Key responsibilities include:
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Safe plant & structures: Keep machinery, equipment, tools and structures safe and well-maintained.
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Safe systems of work: Create procedures that help workers perform tasks safely.
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Safe use & handling: Ensure safe use, handling and storage of equipment and substances.
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Additional requirements: Follow specific WHS Regulations for high-risk activities or equipment.
Overall, the focus is on creating practical working arrangements that manage foreseeable risks throughout the activity, rather than relying solely on procedures that may not reflect actual workplace conditions.
Provide Information, Instruction, Training and Supervision
A PCBU must provide workers with appropriate information, instruction, training and supervision so they can work safely. The level of training should match the work, risks and worker’s experience. Training alone is not enough; businesses also need proper procedures, supervision, risk controls and regular review.
For organisations and individuals looking to strengthen their WHS knowledge, Workplace Health and Safety (WHS) Certified Training from Australian Compliance Training can provide structured learning on workplace safety and responsibilities. It should support, rather than replace, the practical measures required in the workplace.
Provide Adequate Facilities and Monitor Health and Conditions
PCBUs must provide adequate welfare facilities for workers and ensure they are accessible and properly maintained. Depending on the workplace, this can include toilets, drinking water, washing and eating facilities, and appropriate first-aid equipment and facilities.
PCBUs must also monitor workers' health and workplace conditions where required to ensure that risks are being managed. The relevant arrangements will depend on the nature of the work and the hazards involved.
Monitoring is useful only when the business responds appropriately to what it identifies. If conditions change, a control measure becomes ineffective or new risks emerge, the PCBU should review the arrangements and take suitable action.
Specific requirements may also apply to emergency plans, health monitoring, personal protective equipment and particular types of work.
Manage Risks to Workers and Other People
Risk management is central to PCBU duties. The general approach is to eliminate risks to health and safety so far as is reasonably practicable. If elimination is not reasonably practicable, the PCBU must minimise the risks so far as is reasonably practicable.
A practical process involves:
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Identify hazards that could cause injury or illness.
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Assess risks where necessary to understand the likelihood and potential consequences of harm.
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Select and implement suitable controls to eliminate or minimise the risks.
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Review controls to check they remain effective and respond to changes.
The duty can extend to customers, visitors and other people affected by work, not just employees. For example, a business may need to consider how deliveries, equipment movement or maintenance activities could affect people entering its premises.
Risk management should reflect the real work being performed. For more focused learning, ACT offers a workplace safety and WHS course collection, which includes resources relevant to hazard identification and risk assessment.
Consult Workers and Other Duty Holders
Under the model WHS framework, PCBUs must consult workers who are directly affected by health and safety matters. If workers have an HSR, the consultation should involve them. Workers should have a chance to share their views, and those views should be considered.
Where multiple duty holders share responsibility, PCBUs must consult, cooperate and coordinate with each other. This is especially important when several businesses work at the same site or on the same activity.
The aim is to make sure risks are addressed coherently, rather than leaving gaps between organisations.
What Does “So Far as Is Reasonably Practicable” Mean?
The phrase “so far as is reasonably practicable” appears throughout Australian WHS laws. It means the steps required to manage a risk depend on the circumstances, but PCBUs must still take appropriate action to protect health and safety.
It does not mean choosing the cheapest or most convenient option, or waiting for an incident. A PCBU must consider the risks and reasonably available measures to eliminate or minimise those risks.
Under the model WHS framework, relevant considerations include:
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Likelihood of harm: How likely is the hazard or risk to cause injury or illness?
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Potential consequences: How serious could the harm be?
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Knowledge: What does the PCBU know, or what should it reasonably know, about the hazard, the risk and available control measures?
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Available controls: Which measures are available and suitable to eliminate or minimise the risk?
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Cost: What would the measures cost, considered in light of the risk and the available ways to control it?
Cost is relevant, but it should be considered after assessing the risk and available control measures. A business should not reject an effective safety measure simply because it costs money.
For example, if equipment presents a foreseeable risk of serious injury, the PCBU should consider suitable safeguards, maintenance and safe operating procedures based on the work and circumstances.
For further detail, read Safe Work Australia's guidance on reasonably practicable measures.
Can PCBU Duties Be Shared or Transferred?
Yes, more than one PCBU can have duties relating to the same workplace, activity or safety issue. However, a PCBU cannot simply transfer or contract out of its legal responsibilities. Each duty holder remains responsible to the extent that it can influence or control the relevant matter.
Where duties overlap, the key points are:
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Separate responsibilities: Each PCBU must meet its own legal duties rather than assuming another organisation is responsible.
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Consultation and cooperation: Duty holders should, so far as is reasonably practicable, consult, cooperate and coordinate with each other when their duties overlap.
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Agreed safety tasks: Businesses can agree on who will manage specific safety activities, such as equipment inspections or site access.
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Legal duties remain: These arrangements can clarify responsibilities and reduce duplication, but they do not automatically remove either party’s underlying legal obligations.
In practice, effective coordination between PCBUs helps ensure that shared workplace risks are properly managed while each organisation continues to meet its own responsibilities.
Example: Host Business and Labour Hire Agency
A warehouse may use a labour hire agency to supply workers. The agency and host business may both have WHS duties because they control different aspects of the work.
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The host business may control the workplace, equipment and daily activities.
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The labour hire agency may have responsibilities for the workers it supplies.
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Both should communicate about hazards, training, supervision and incident response.
A contract does not automatically make one party solely responsible for safety. Duties depend on the work, roles and applicable WHS laws.
See Safe Work Australia's guidance on shared WHS duties for more information about overlapping responsibilities.
PCBU vs Officer vs Worker: What Is the Difference?
Australian WHS laws recognise different duty holders. Understanding their roles helps businesses avoid confusing organisational responsibilities with individual obligations.
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Duty holder |
Main responsibility |
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PCBU |
Ensure, so far as is reasonably practicable, the health and safety of workers and that other people are not put at risk by the conduct of the business or undertaking. |
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Officer |
Exercise due diligence to ensure the PCBU complies with its WHS duties. |
|
Worker |
Take reasonable care for their own health and safety and that of others, follow reasonable WHS instructions and cooperate with notified safety policies and procedures. |
PCBU duties
The PCBU's primary duty concerns the business or undertaking and the work-related risks it creates or influences. The organisation must establish and maintain appropriate safety arrangements.
Officer duties
An officer is generally a person who makes or participates in decisions affecting the whole or a substantial part of a business. Under the model WHS laws, officers have a separate duty to exercise due diligence to ensure the PCBU meets its WHS obligations.
This includes:
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Understanding relevant WHS matters
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Keeping their WHS knowledge up to date
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Ensuring appropriate resources and processes are available
The exact definition of an officer depends on the applicable legislation.
Worker duties
Workers also have responsibilities under WHS laws. These can include employees, contractors, subcontractors, apprentices and labour hire workers.
A person may hold more than one duty. For example, a self-employed contractor may have duties as both a PCBU and a worker. The roles are distinct, and meeting one set of responsibilities does not necessarily satisfy the other.
Read Safe Work Australia's guidance on WHS duty holders for more detail.
How Can a PCBU Put Its WHS Duties Into Practice?
Understanding the law is only the starting point. PCBUs need practical safety arrangements that match their work, workers and risks. A useful checklist includes:
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Identify workplace hazards and assess risks.
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Implement controls to eliminate or minimise risks.
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Provide proper information, training and supervision.
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Consult workers and HSRs where applicable.
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Coordinate with other duty holders.
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Maintain safe work systems, equipment and facilities.
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Monitor workplace conditions and worker health where required.
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Review controls when work or circumstances change.
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Keep appropriate WHS records.
Policies and records alone are not enough. Safety controls must be implemented, maintained and reviewed in practice.
For more practical guidance, explore ACT's article on WHS best practices. Businesses can also revisit the guidance on workplace safety training requirements when reviewing how workers receive the information and support needed for their roles.
Check the WHS laws that apply to your business
Safe Work Australia develops national WHS policy and model laws, but it is not the regulator responsible for enforcing WHS compliance. Commonwealth, state and territory authorities administer and enforce the legislation that applies in their jurisdictions.
The model WHS framework has been adopted across many Australian jurisdictions, but differences and exceptions can apply. Businesses should check the relevant WHS Act, Regulations and regulator guidance rather than assuming the requirements are identical everywhere.
Start with Safe Work Australia's model WHS laws, then identify the regulator responsible for your workplace. For example, businesses operating in New South Wales can consult SafeWork NSW.
This is particularly important where a business operates across multiple jurisdictions or carries out work subject to specific regulatory requirements.
Conclusion: Understanding and Meeting PCBU Duties
PCBU duties are central to workplace health and safety under Australia's model WHS framework. They help establish who is responsible for managing work-related risks, protecting workers and considering other people who may be affected by workplace activities.
For businesses, understanding these duties means looking beyond job titles and contracts. It involves identifying the relevant duty holders, maintaining safe systems of work, providing suitable training and supervision, consulting workers and coordinating with other businesses where responsibilities overlap.
The phrase “so far as is reasonably practicable” also matters. PCBUs need to consider the risks and take appropriate steps to eliminate or minimise them, rather than relying on policies or paperwork alone.
Requirements can vary by jurisdiction, so businesses should confirm their obligations under the legislation that applies to their operations. For broader context, revisit ACT's Work Health and Safety (WHS) in Australia: 2026 Guide and consult the relevant regulator.
Where further learning would be useful, Workplace Health and Safety (WHS) Certified Training from Australian Compliance Training can help build understanding of workplace safety responsibilities. Training is one part of an effective WHS approach, alongside appropriate controls, consultation and ongoing management.
