The Fides team are focused specifically on assisting organisations transition from Occupational Safety and Health Act 1984 (WA) to interpret the fundamental requirements of the proposed Work Health Safety Act. The core aspects are:
- A Person Conducting a Business or Undertaking (PCBU), the primary duty of care holder; and
- Who is an Officer of a PCBU?; and
- A due diligence duty imposed on Officers.
Dr Garry Claxton informs us that:
PCBU’s, have a duty to ensure, “so far as is reasonably practicable”, the health and safety of workers while the workers are at work in the business or undertaking. That includes workers who are not directly engaged by the person conducting the business or undertaking but are “caused” to be engaged by them, or whose activities in carrying out work are “influenced or directed” by the person.
Officers, may include “anyone who participates” in making decisions affecting a substantial part of the business or undertaking.
Reference to judicial interpretation indicates that the scope of the PCBU terms “caused” and “influenced or directed” referred to above, are not definitively determined at law resulting in ambiguity of understanding WHS obligations when acting as a representative of, or contractor to, a PCBU. (Corporations, Local Government entities and other West Australian Government Agencies e.g. Main Roads are PCBU’s)