What are my duties as a PCBU under the WA WHS Act 2020?
If you run a business in WA, you’re a Person Conducting a Business or Undertaking (PCBU).
Under the WA WHS Act 2020, that means you don’t just “care about safety” — you have specific duties to keep people safe, including from psychosocial hazards like fatigue, bullying, and unreasonable job demands.
This is Post 1 in our 20-part WA WHS series. We’ll follow one real-world story from “we’re too busy for paperwork” to “we’re audit-ready, calmer, and winning better work” — without turning WHS into a full-time admin job.
Quick answer (what your PCBU duties are)
As a PCBU in WA, your core duty is to ensure, so far as is reasonably practicable, the health and safety of:
- Workers you engage or influence (employees, labour hire, contractors)
- Workers whose activities you influence or direct
- People who may be put at risk by your work (visitors, customers, the public)
In practice, that means you must:
- Provide and maintain a safe work environment
- Provide safe plant, structures, and systems of work
- Ensure safe use, handling and storage of substances
- Provide information, training, instruction and supervision
- Monitor worker health and workplace conditions
- Provide adequate facilities and first aid
- Consult with workers (and coordinate with other duty holders)
Who this applies to (and the common confusion)
This applies to anyone running a business or undertaking in WA — from a small fabrication shop to a civil contractor, transport operator, or a growing services firm.
Common confusion:
- “I’m a small business, so it’s different.”
It’s not different — you still have duties. What changes is what’s reasonably practicable for your size and risk.
- “Contractors cover their own safety.”
You still have duties if you influence the work.
- “Psychosocial stuff is HR.”
Under WHS, psychosocial hazards are safety hazards.
- PCBU: the business entity that runs the work (company, sole trader, partnership).
- Worker: employees, contractors, subcontractors, labour hire, apprentices, volunteers.
- Reasonably practicable: what a reasonable person would do to manage risk, considering likelihood, severity, what you know/should know, and the availability and cost of controls.
- Psychosocial hazards: work-related factors that can cause psychological harm (fatigue, bullying, high demands, low control, poor role clarity, exposure to aggression).
A real-world story (we’ll build this across all 20 posts)
Meet Dan, director of a mid-sized WA civil and maintenance contractor in Perth’s outer metro.
- Two crews, multiple sites
- Tight deadlines
- A mix of employees and contractors
- A supervisor who’s great on the tools but stretched thin
Then it happens: a near miss with a loader and a spotter. Nobody is hurt, but the crew is rattled. The client asks for their WHS documents “by COB.” Dan realises he’s been relying on “common sense” and a few templates.
He’s not a bad operator. He’s just busy — and he’s about to learn the hard way that good intentions aren’t evidence.
Step 1: Identify who you owe duties to
What to do: list your workers and who you influence.
- Employees
- Contractors and subcontractors
- Labour hire
- Visitors and the public
Who owns it: director/owner with supervisor input.
Evidence to keep: worker/contractor list, site register, org chart.
Step 2: Identify hazards (physical + psychosocial)
- Site walk-through
- “What could hurt someone today?” prompt at pre-start
- Review near misses and incidents
- Ask workers what’s getting in the way of safe work
Include psychosocial prompts:
- Where are we rushing?
- Where are hours blowing out?
- Where is conflict showing up?
- Where is role clarity missing?
Who owns it: supervisors lead, workers contribute, PCBU ensures it happens.
Evidence to keep: hazard reports, pre-start/toolbox notes, action register.
Step 3: Assess risk and decide what’s reasonably practicable
What to do: for each hazard, decide:- Likelihood and consequence
- Who is exposed (and how often)
- What controls exist now
- What higher-level controls are available
Who owns it: supervisor + PCBU; involve workers.
Evidence to keep: risk assessments, SWMS/JSA (where relevant), and decision notes.
Step 4: Implement controls and make them real
- Fix the environment (traffic management, barriers, housekeeping)
- Fix the system (planning, supervision, permits)
- Fix competence (task training, verification)
Who owns it: PCBU funds and supports; supervisors implement; workers follow and report.
Evidence to keep: updated SWMS, photos of controls, verification checklists.
Step 5: Provide training, instruction, supervision
- Induction
- Task training
- Competency sign-off
- Supervision level matched to risk
Who owns it: supervisors deliver; PCBU ensures the system and resources.
Evidence to keep: training matrix, sign-offs, observation records.
Step 6: Consult and coordinate
- Pre-starts/toolboxes
- Worker feedback loop (“you said / we did”)
- Coordination with other PCBUs (clients, principal contractors, subcontractors)
Who owns it: supervisors run it; PCBU sets the expectation and follows through.
Evidence to keep: minutes/notes, action items, coordination emails.
Step 7: Monitor, review, and improve
- Trend review (incidents, near misses, hazards)
- Verification checks
- Review after change (new plant, new site, new crew)
Who owns it: PCBU/officers.
Evidence to keep: review notes, audit/inspection records, updated controls.
Worked examples (WA + your industries)
Example 1: Civil/construction traffic management
- Hazard: mobile plant interacting with pedestrians
- Risk: crush injury/fatality
- Controls: physical separation, exclusion zones, spotter protocols, radio comms
- Verification: supervisor checks, photos of barriers, pre-start confirmation
Example 2: Fabrication workshop hot work
- Hazard: grinding/welding sparks and fumes
- Risk: burns, fire, respiratory harm
- Controls: extraction, hot work area setup, PPE, housekeeping, fire watch
- Verification: inspection checklist, maintenance records, hot work permits
Example 3: Transport fatigue risk
- Hazard: long hours, night driving, tight delivery windows
- Risk: crash, injury, public harm
- Controls: scheduling changes, rest breaks, journey planning, fit-for-work checks
- Verification: timesheets, fatigue declarations, and incident trend review
Psychosocial hazards (and how to control them using P-HOC)
Psychosocial hazards are often the “hidden drivers” behind shortcuts, conflict, and mistakes.
In Dan’s business, the near miss didn’t start at the loader. It started weeks earlier:
- Working overtime became normal
- The supervisor was covering two sites
- Workers stopped reporting issues because “nothing changes”
- Eliminate: remove the hazard entirely
- Substitute: replace the hazard with a lower-risk option
- Redesign Work: change the way work is designed and resourced
- Administrate: procedures, training, supervision, reporting
- Personal Change: individual coping strategies (last resort)
Practical psychosocial control examples
- Eliminate: remove unrealistic deadlines by renegotiating scope and timeframes
- Substitute: replace excessive overtime with additional labour/contractor capacity
- Redesign Work: redesign rosters, handovers, and supervisor coverage so people aren’t stretched thin
- Administrate: clear escalation pathway + fatigue triggers + toolbox prompts
- Personal Change: coaching on communication and conflict skills (only after system fixes)
Common mistakes (and how to avoid them)
Mistake: relying on templates with no implementation
- Consequence: you can’t prove controls were in place
- Fix: build routines + verification checklists
Mistake: treating psychosocial hazards as “soft stuff”
- Consequence: fatigue/conflict drives incidents and turnover
- Fix: control workload and work design first
Mistake: assuming contractors manage themselves
- Consequence: gaps in coordination and supervision
- Fix: contractor onboarding + control verification
Documents
- Roles/responsibilities
- Hazard reporting process
- Risk assessment/SWMS/JSA templates
- Training matrix
- Consultation process
- Incident response process
- Completed hazard reports
- Pre-start/toolbox notes
- Signed inductions
- Photos of critical controls (where appropriate)
- Permits (hot work, confined space, isolations)
- Supervisor verification checklists
- Action register close-outs
- Trend reviews (monthly/quarterly)
- Management review notes
FAQ
Do I have PCBU duties if I only use contractors?
Yes. If you engage contractors or influence the work, you still have duties to ensure health and safety so far as reasonably practicable.
What does “reasonably practicable” look like for a small business?
It means you manage risk in a way that matches your hazards and resources. Small doesn’t mean “no system” — it means a simpler system that is actually used.
Are psychosocial hazards really part of WHS?
Yes. If work-related factors can cause psychological harm, they’re WHS hazards and should be managed like any other risk.
Next step
If you would like to map your duties, identify your hazards (including psychosocial), and start building evidence in under a week, contact Delivering Outcomes Group.
Directors:
Chris MorrisonJeni Couchman
Brad Promnitz
1300 614 114 | www.dohub.com.au
Disclaimer
This article is general information only and is not legal advice. WA WHS laws and Codes of Practice change, and obligations vary by workplace.
Seek independent, tailored advice for your specific business and circumstances by contacting Delivering Outcomes Group via email or phone on our website - https://www.dohub.com.au/contact