PCBU

PCBU stands for person conducting a business or undertaking. The term was introduced by the model Work Health and Safety Act 2011 to replace older ideas like "employer". It focuses on who runs the work, not on whether there is an employment contract.

A PCBU can be a company, a sole trader, a partnership, a government department or a not-for-profit that employs people. What makes someone a PCBU is that they conduct a business or undertaking, alone or with others, whether or not for profit. Workers, officers acting in that role, and volunteer associations with no employees are not PCBUs.

The primary duty of care in section 19 of the model WHS Act requires a PCBU to ensure, so far as is reasonably practicable, the health and safety of its workers and of other people affected by its work. In practice that means:

• Safe work and systems. Provide and maintain a safe work environment, safe plant and structures, and safe systems of work.

• Safe substances. Ensure the safe use, handling and storage of plant, structures and substances.

• Facilities. Provide adequate facilities for workers' welfare.

• Information and training. Give the information, training, instruction and supervision workers need.

• Monitoring. Monitor workers' health and workplace conditions to prevent illness and injury.

PCBUs must also consult with their workers on health and safety matters, and notify the regulator of notifiable incidents.

A construction site almost always has several PCBUs at once: the principal contractor, each subcontractor, labour hire companies, plant hire suppliers and often the client. Their duties overlap, and none of them can contract out of their own duty.

The model Act requires PCBUs who share a duty to consult, cooperate and coordinate with each other so far as is reasonably practicable. The model Act also makes clear that a duty can be held by more than one person at the same time, and each duty holder must meet it to the extent of their capacity to influence and control the matter. On a commercial project that is usually done through the principal contractor's site rules, inductions, SWMS reviews and coordination meetings. Each PCBU is still responsible for the part of the risk it can influence or control.

The officers of a PCBU, such as directors and senior managers who make decisions affecting the whole business, have a separate duty to exercise due diligence to make sure the PCBU complies.

Victoria is the only jurisdiction that has not adopted the model WHS laws. The Occupational Health and Safety Act 2004 (Vic) places the main duties on "employers" and "self-employed persons" instead of PCBUs, with separate duties for people who manage or control workplaces.

The practical outcome is similar, but the wording and some duties differ, so documents written for a Victorian site should use the Victorian terms. Western Australia adopted the model framework through its Work Health and Safety Act 2020, so the PCBU concept applies there.