Document ID: chunk:federal_register_of_legislation:F2024L01380:reg:1:p2
Version: federal_register_of_legislation:F2024L01380
Segment Type: reg
Provision Reference: reg 1 (pt 2/8)
Character Range: 10957–14086

hazards include musculoskeletal injury, chronic disease, and physical injury following fatigue related workplace incidents.

1.2                         Work health and safety duties

Person conducting a business or undertaking

A PCBU must ensure, so far as is reasonably practicable, workers and other persons are not exposed to risks to their psychological or physical health and safety. A PCBU must eliminate psychosocial risks in the workplace, or if that is not reasonably practicable, minimise these risks so far as is reasonably practicable.

A PCBU must manage psychosocial risks in accordance with Part 3.1 of the WHS Regulations.

Under the WHS Regulations, to manage psychosocial risks, a duty holder must:

    -          identify reasonably foreseeable hazards that could give rise to psychosocial risks
    -          eliminate risks, so far as is reasonably practicable
    -          if it is not reasonably practicable to eliminate the risks – minimise the risks so far as is reasonably practicable
    -          maintain implemented control measures so they remain effective, and
    -          review, and if necessary, revise, control measures so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.

In determining control measures to be implemented, a PCBU must have regard to all relevant matters, including:

    -          the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards
    -          how the psychosocial hazards may interact or combine
    -          the design of work, including job demands and tasks
    -          the systems of work, including how work is managed, organised and supported
    -          the design and layout, and environmental conditions, of the workplace, including the provision of:
         o        safe means of entering and exiting the workplace
         o        facilities for the welfare of workers
    -          the design and layout and environmental conditions of workers' accommodation
    -          the plant, substances and structures at the workplace
    -          workplace interactions or behaviours, and
    -          the information, training, instruction and supervision provided to workers.

PCBU duties – what is reasonably practicable?

The standard of 'reasonably practicable' in health and safety duties applies to a PCBU. Other duty holders are required to meet different standards, for example officers must exercise 'due diligence' and workers and others at a workplace must take 'reasonable care'.

'Reasonably practicable', in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters including:

    -          the likelihood of the hazard or the risk concerned occurring; and
    -          the degree of harm that might result from the hazard or the risk; and
    -          the availability and suitability of ways to eliminate or minimise the risk;