The Citizens Advice Bureau (CAB) has released a report revealing that employees are increasingly reporting breaches of their employment righ...
Workplace Health and SafetyDecember 12, 2016
Following the amendments to health and safety legislation, employers have been growing increasingly more confused as to what exactly their obligations are in respect of ensuring their employees’ health and safety while at work.
This is why Employsure has simplified the below, to assist you with understanding your health and safety obligations.
Who is now responsible for employees’ health and safety?
Under the amended legislation which was introduced 4 April 2016, persons conducting a business or undertaking (PCBUs) are now responsible for ensuring, so far as is reasonably practicable, that their workplaces are without risk to the health and safety of any person. However, the new legislation now also puts a duty of care onto officers, to ensure the PCBU for their business is meeting all their health and safety requirements.
Who is considered a PCBU?
PCBUs will generally be a business entity, however the term PCBU is quite broad, and encompasses employers, principals and any person in charge of a place of work.
Types of PCBUs that are organisations may include, but are not limited to:
Types of PCBUs who are individuals may include:
However, a person who is only involved in the business as a worker or officer, is not considered a PCBU. People who are directors or are in a managerial position are considered Officers under the health and safety legislation, and as such have separate and specific duties.
A PCBU does not include volunteer associations or occupiers of a home who engages another person to solely do residential work.
What are the duties of a PCBU?
A PCBU must ensure, as far as is reasonably practicably, the health and safety of workers and visitors who are employed or undertaking work for the business. They must take measures to ensure that workers and other persons are not put at risk from the work they are required to carry out.
A PCBU’s primary duty of care includes ensuring as far as is reasonably practicable:
PCBU must also hold regular open consultations with their employees.
What is the difference between a PCBU and an Officer?
Officers are directors of persons undertaking a business or undertaking, or who are involved in the government decisions that significantly impact a business. They have a duty to ensure that their business complies with its health and safety obligations.
Officers have due diligence to take reasonable steps to:
The changes to health and safety legislation now mean that Officers can be held liable and convicted of a breach of due diligence, even if the PCBU has not been charged with an offence.
As the leading workplace relations specialist, Employsure can help simply your obligations to your employees’ health and safety. Call us today on 0800 675 700.