A duty of care is a legal obligation that means that a reasonable standard of care needs to be adhered to whilst any actions are undertaken that may potentially cause harm.
WorkSafe in the Northern Territory have released a safety bulletin to help businesses and self employed persons understand what the Primary Duty of Care in section 19 of the Work Health and Safety (National Uniform Legislation) Act 2011 and what their obligations are.
This is an extract from the bulletin that can be found at http://www.worksafe.nt.gov.au/:
Primary Duty of Care
All persons conducting a business or undertaking (PCBU) have a primary duty of care to ensure so far as is reasonably practicable, the health and safety of workers and others.
A self-employed person owes him/herself the primary duty of care.
Without limiting this duty a Person conducting a business or undertaking (PCBU) must ensure that as far as reasonably practicable the following:
a. the provision and maintenance of a work environment without risks to health and safety; and
b. the provision and maintenance of safe plant and structures; and
c. the provision and maintenance of safe systems of work; and
d. the safe use, handling and storage of plant, structures and substances; and
e. the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and
f. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and
g. that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking. .
A duty of care cannot be transferred to another person.
The health and safety duties imposed on a PCBU require the person to:
- Eliminate risks of health and safety, so far as is reasonably practicable; and
- If it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as reasonably practicable.
Persons may have more than one health and safety duty.
For Example:
More than one person conducting a business or undertaking (PCBU) may owe the same worker a Primary Duty of Care – such as a labour hire worker placed with a host employer. In this case the Primary Duty of Care is owed to the worker from the labour hire company and by the host employer.
PCBUs who have a duty in relation to the same matter are required to consult with each other and coordinate activities in relation to the matter. Proper and effective coordination of activities between duty holders can overcome concerns about duplication of effort or no effort being made.
BULLETIN
Understanding Primary Duty of Care Other duties may also be owed by the person conducting a business or undertaking (PCBU), depending on the activates they are engaged in. Such additional duties may include:
- duty of a PCBU involving the management and control of a workplace
- duty of a PCBU involving the management or control of fixtures, fittings or plant at workplaces
- duties of a PCBU that design plant, substances or structures;
- duties of a PCBU that manufacture plant, substances or structures;
- duties of a PCBU that imports plant, substances or structures
- duties of a PCBU that supplies plant, substances or structures
- duties of a PCBU that installs, constructs or commission plant or structures.
Source:http://www.worksafe.nt.gov.au/Bulletins/IndustrySectors/Transport and Storage/09.01.02.pdf
The full guideline can be seen and downloaded at the link above.
Peter Cutforth is a Director at Urban E-Learning, a global elearning and web strategy firm based in George St Brisbane. Peter's interests extend to training, safety and compliance, online marketing, and Mobile Apps.
