Primary duty of care
The primary duty of care (model WHS Act s19) is a PCBU's overarching duty to ensure, so far as is reasonably practicable, the health and safety of workers and other persons at the workplace. It is the foundation duty from which most other WHS obligations flow.
Legal context
Section 19 sets out the primary duty in three parts: a PCBU must ensure the health and safety of (1) workers engaged or caused to be engaged by it, and workers whose activities it influences or directs, while the workers are at work; (2) other persons who may be put at risk by the work carried out; and (3) the elimination or minimisation of risks to health and safety so far as is reasonably practicable. The duty is non-delegable. It includes maintaining a safe work environment, safe plant, safe systems of work, safe use, handling and storage of substances, adequate welfare facilities, information / instruction / training / supervision, and monitoring of conditions and worker health.
Regulator references
The binding-law and regulator-guidance sources behind this term.
Common questions
How is the primary duty different from due diligence?
The primary duty (s19) is owed by the PCBU (the business). Due diligence (s27) is owed by officers personally. A breach of s19 is a PCBU offence; a breach of s27 is an officer offence — they are separate proceedings.
Where this shows up in RAE IQ
Related terms
PCBU
PCBU stands for Person Conducting a Business or Undertaking — the primary duty-holder under model WHS legislation in Australia. It is broader than “employer”: a PCBU can be a company, a sole trader, a partnership or an unincorporated association, and the duty applies whether or not workers are paid.
Due diligence (officer)
Officer due diligence is the personal duty owed by officers (directors, CEOs, executives) under s27 of the model WHS Act. It is six steps: acquire knowledge, understand operations, ensure resources, ensure incident response, ensure compliance with duties, and verify all the above.
Reasonably practicable
Reasonably practicable is the qualifier on almost every WHS duty: it means doing what can reasonably be done in the circumstances, having regard to the likelihood of harm, the degree of harm, what is known about the hazard, the availability and suitability of controls, and the cost of controls. Cost is always the last factor.
Worker
Under the model WHS Act (s7), a "worker" is anyone who carries out work in any capacity for a PCBU — employees, contractors and their workers, labour-hire staff, apprentices, trainees, work-experience students, volunteers and the PCBU itself if it is an individual doing work. The definition is deliberately broad.
Platform pillars
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47 WHS and HSWA terms with legal context, FAQs and regulator references.