Last updated May 2023
This chapter explains your duties as an employer under health and safety legislation, and how to comply with them.
What are your health and safety duties as an employer?
Under health and safety legislation in all jurisdiction, employers and persons conducting a business or undertaking (PCBUs) have two main duties:
- a primary duty of care to ensure, as far as reasonably practicable, that workers are not exposed to risks of work-related harm; and
- a duty not to recklessly engage in conduct that puts a person in danger of serious injury or death.
A PCBU is a person, corporation, partnership or association that conducts a business or undertaking. The business or undertaking can either be for profit or not-for-profit, and may be conducted by a single person or multiple people, e.g. in partnerships, each partner is a PCBU.
Other duties include:
- monitoring workers’ health when they are conducting hazardous activities;
- notifying their safety regulator when a notifiable incident occurs in the workplace;
- consulting with workers on health and safety issues and, in some circumstances, appointing a health and safety representative and committee;
- keeping appropriate health and safety records; and
- cooperating with inspectors from the health and safety regulator.