WHS Legislation

Duty of care, PCBU, worker rights & penalties

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About this topic

The Work Health and Safety Act 2011 is the foundation of every White Card question about legal obligations. This topic drill picks questions from our WHS-Act bank, covering PCBUs, officers, workers, duty of care, and the penalties for breaches.

Key facts to remember

  • The PCBU has the primary duty of care, not the individual worker.
  • Workers must take reasonable care for their own and others' safety.
  • Officers must exercise due diligence, this means being proactive, not reactive.
  • Category 1 offences (reckless conduct) carry the highest penalties: up to $3M for bodies corporate.
  • Workers have the right to refuse unsafe work and elect an HSR.

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