SEC URIT Y F E AT URE
MEETING YOUR
HEALTH AND S REQUIREMEN As an employer (or person conducting a business or undertaking – PCBU), you have a primary duty to ensure the health and safety of workers while they are at work in the business or undertaking and others who may be affected by the carrying out of work. In 2020 alone, there were close to 200 deaths due to workplace incidents according to Safe Work Australia (Key work health and safety statistics, Australia 2021). Which is why, as a PCBU, you have the primary duty of care to ensure so far as is reasonably practicable the: • • • • •
• • •
provision and maintenance of a safe work environment provision and maintenance of safe plant and structures provision and maintenance of safe systems of work safe use, handling and storage of plant, structures, and substances provision of accessible and adequate facilities (for example, access to washrooms, lockers, and dining areas) provision of any instruction, training, information, and supervision monitoring of workers health and conditions at the workplace and maintenance of any accommodation owned or under their management and control to ensure the health and safety of workers occupying the premises.
Under industrial manslaughter in Australian States and Territories, employers can be found guilty of industrial manslaughter if you negligently cause the death of a worker in your business. The maximum penalties for industrial manslaughter vary in each state. They can include fines and imprisonment for individuals and fines for body corporates. To ensure you fully comply with your obligations, you should take proactive steps to:
2 6 SEC U R IT Y IN S IDE R | JU LY – SE PTE M BE R 2022
