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WHS PCBUS, WORKERS AND OFFICERS: FACT SHEET Under the work health and safety (WHS) laws, effective from 1 January 2012, the term 'employers' was replaced by 'persons conducting a business or undertaking (http://www.safework.nsw.gov.au/law-and-policy/employer-and-business-obligations /definitions-of-pcbus-and-workers)' (PCBU) and 'employees' was replaced by 'workers (http://www.safework.nsw.gov.au/law-and-policy/employer-and-business-obligations /definitions-of-pcbus-and-workers)'.

WHO SHOULD READ THIS? This fact sheet should be read by PCBUs, officers and workers.

DEFINITIONS A PCBU conducts a business or undertaking alone or with others. The business or undertaking can operate for profit or not-for-profit. The definition of a PCBU focuses on the work arrangements and the relationships to carry out the work. In addition to employers, a PCBU can be a corporation, an association, a partnership or sole trader.

A volunteer organisation which employs any person to carry out work is considered a PCBU. Householders where there is an employment relationship between the householder and the worker are also considered a PCBU.

You are not considered to be a PCBU if you:

are engaged solely as a worker or an officer are an elected member of a local authority are a volunteer association are a strata title body corporate responsible for common areas used only for residential purposes

A worker is anyone who carries out work for a PCBU, such as:

an employee a contractor or sub-contractor an employee of a contractor or sub-contractor an employee of a labour hire company an apprentice or trainee a student gaining work experience

WHS PCBUs, workers and officers: Fact sheet - SafeWork NSW http://www.safework.nsw.gov.au/media/publications/health-and-s...

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an outworker a volunteer.

You can also be a PCBU and a worker if you carry out work for another PCBU.

An officer is a person who makes decisions, or participates in making decisions, that affect the whole, or a substantial part, of a business or undertaking and has the capacity to significantly affect the financial standing of the business or undertaking. If a person is responsible only for implementing those decisions, they are not considered an officer.

Partners of a partnership are not officers but are PCBUs. An officer of a PCBU must exercise due diligence to ensure that the PCBU complies with their duties under the WHS legislation.

You are considered to be an officer if you are:

an officer within the meaning of section 9 of the Corporations Act 2001 (https://www.legislation.gov.au/Details/C2017C00129) an officer of the Crown within the meaning of section 247 of the Work Health and Safety (WHS) Act 2011 (http://www.legislation.nsw.gov.au/maintop/view/inforce /act+10+2011+cd+0+N) an officer of a public authority within the meaning of section 252 of the WHS Act.

Catalogue No. WC03063 WorkCover NSW 0715

WHS PCBUs, workers and officers: Fact sheet - SafeWork NSW http://www.safework.nsw.gov.au/media/publications/health-and-s...

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