Under section 19(1) of the Work Health and Safety Act 2011 (Cth) (the WHS Act), a person conducting a business or undertaking (PCBUs) must ensure the health and safety of workers at work in the business or undertaking, so far as is reasonably practicable.
Additionally, section 19(2) requires PCBUs to ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, so far as is reasonably practicable.
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‘Health’ is defined under the WHS Act to mean physical and psychological health.
The employer’s duty of care includes providing:
- a physical and psychosocial work environment without risks to health and safety
- safe systems of work
- information, training, instruction or supervision necessary to protect all persons from risks to their health and safety.
PCBUs must monitor the health of workers and conditions at the workplace to prevent illness or injury.
PCBUs must also consult with other involved duty holders (for example, contractors, workers and health and safety representatives (HSRs)) when addressing risk factors. This includes involving them when:
- identifying and assessing the risks to health and safety in the workplace
- making decisions about ways to eliminate or minimise risks
- making decisions about procedures for monitoring the health and safety of workers or conditions at the workplace or providing information and training for workers on risks and controls.