Work Health and Safety Definitions
PCBU stands for Person Conducting a Business or Undertaking. This might seem like a confusing term, but it is quite simple. In the majority of cases, a PCBU will simply be the owner of the business. Under the old OHS legislation, the term used was “Employer”. However, this term was less than ideal because it didn’t cover some circumstances – for example, where a business owner engaged volunteers or subcontractors. In this case, the workers were not “employed” by the owner and were thus not subject to the OHS legislation. To include a wider range of working relationships, the primary duty of care was updated from: ‘Employers who employ employees’ to ‘PCBUs who engage workers’.
According to WHS legislation, a person conducts a business or undertaking if they engage in any form of business activity, whether individually or collectively with others, regardless of whether the activity is pursued for profit or not. This includes partnerships, unincorporated associations, and any form of organized activity aimed at achieving a specific purpose or outcome.
Plant
- any machinery, equipment, appliance, container, implement and tool; and
- any component of any of those things; and
- anything fitted or connected to any of those things.
Reasonably Practicable
- the likelihood of the hazard or risk occurring
- the degree of harm that might result from the hazard or risk
- knowledge about the hazard or risk, and ways of minimizing or eliminating the risk
- the availability and suitability of ways to eliminate or minimise the risk, and
- after assessing the extent of the risk and the available ways of eliminating or minimizing the risk, the cost associated with available ways of eliminating or minimizing the risk, including whether the cost is grossly disproportionate to the risk.
Applying a risk management process helps to determine what is reasonably practicable. Risk management involves a systematic process to:
- identify hazards associated with the activity or environment
- if necessary, assess the risks associated with the hazards
- identify and implement available and suitable control measures to eliminate or minimise the risks
- review the effectiveness of the control measures.
Regulator
The government authority responsible for enforcing WHS laws and regulations.
Risk
The likelihood that a hazard will cause harm, combined with the severity of the potential consequences.
Safe Work Method Statement (SWMS)
A document that outlines high-risk construction work activities, hazards, and control measures.
Work Health and Safety (WHS)
Work Health and Safety refers to the framework of laws, regulations, policies, and practices aimed at promoting the physical, mental, and social well-being of workers in the workplace. It encompasses the identification, assessment, and mitigation of risks and hazards to prevent work-related injuries, illnesses, and fatalities.
WHS Act
The Work Health and Safety Act 2011, which provides a framework to protect the health, safety, and welfare of all workers at work.
Worker
A person is a worker if they carry out work in any capacity for a person conducting a business or undertaking, including work as—
- an employee; or
- a contractor or subcontractor; or
- an employee of a contractor or subcontractor; or
- an employee of a labor-hire company who has been
- assigned to work in the person’s business or undertaking; or
- an outworker; or
- an apprentice or trainee; or
- a student gaining work experience; or
- a volunteer.
Workplace
A place includes:
- a vehicle, vessel, aircraft or other mobile structure; and
- any waters and any installation on land, on the bed of any waters or floating on any waters.
Workplace
Any place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work1.
Article Sources and Further Reading
- The Complete Guide to WHS Policies and Procedures in Australia (Spire Safety) <https://spiresafety.com.au/resources/guide-to-whs-policies-and-procedures/>
- What is a WHSMS (Work Health and Safety Management System)? (Spire Safety) <https://spiresafety.com.au/resources/what-is-a-whsms/>
- Work Health and Safety Policy (Safe Work NSW) <https://www.nsw.gov.au/enterprise-investment-trade/policy/work-health-and-safety>