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Legal & regulatory

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.

Legal context

The expanded "worker" definition is what makes the model WHS Act significantly more demanding than the old OHS regimes it replaced. A PCBU owes the s19 primary duty to every "worker" — not just direct employees. This captures the long supply chain of modern work: a labour-hire driver, an independent contractor electrician, a software contractor working from home, a volunteer events steward, an apprentice on placement. The PCBU's consultation, training, and risk-management duties extend to all of them. Where multiple PCBUs have duties for the same worker (e.g. the host employer and the labour-hire firm), each duty applies in parallel and the PCBUs must coordinate under s46.

Regulator references

The binding-law and regulator-guidance sources behind this term.

Common questions

Are volunteers "workers" under WHS?

Yes — for the purposes of the primary duty owed to them. The "worker" definition explicitly includes volunteers. However, volunteers themselves do not owe the s28 worker duties unless they are paid or otherwise within scope.

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47 WHS and HSWA terms with legal context, FAQs and regulator references.