Fulfilling PCBU Obligations
The WHS Act places the primary duty of care and other obligations on a person conducting a business or undertaking (PCBU). Insofar as a PCBU is defined within the WHS legislation, a sole trader, self-employed person, a partnership, company, body corporate, unincorporated association or government department (including a municipal council), all have obligations under the WHS Act, regardless of whether they operate for profit or not.
Public authorities, local governments and their employees, agents or officers, acting within the scope of their employment have responsibilities and obligations also, therefore under the WHS Act, liability is wide-ranging and is not limited to the business or undertaking. Penalties for breach of the WHS Act are as follows:
|
|
Corporation |
Individual as a PCBU or Officer |
Individual as a Worker or Other |
|
Category 1 |
$3 Million |
$600,000 +/or 5 yrs jail |
$300,000 +/or 5 yrs jail |
|
Category 2 |
$1.5 Million |
$300,000 |
$150,000 |
|
Category 3 |
$500,000 |
$100,000 |
$50,000 |
It is also important to note; an officer may be charged with an offence independently of any breach of duty by the PCBU. Furthermore, a Category One offence (reckless conduct) is regarded as a criminal offence and could risk one’s Professional Indemnity insurance policy.
Whilst many PCBU’s overlook their obligations and risk prosecution, the relevant question is: are you are in breach of the Act?
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