PCBU s Manager Duties

The term “Person Conducting a Business or Undertaking” often abbreviated to “PCBU”, as used in WHS legislation, has caused some confusion as the term suggests PCBU duties are imposed on a person eg managers of the business.

In legal language “person” includes both natural persons and legal entities eg the business, which includes any structured activity involving work.

So why the PCBU term rather than “employer”? Using PCBU ensures all duty holders are automatically captured, as opposed to only the immediate employer.

In WHS legislation when a requirement is imposed on the PCBU, the business held liable but as the business entity cannot do any physical things failure of people in the business create liabilities for the corporation.

Officers have due diligence obligations and managers and supervisors have a duty to implement company policy and procedures.

Therefore, duties imposed on PCBUs in WHS legislation are imposed on the business, but officers and managers of the business have practical responsibility to ensure legal compliance and implementation of company policy and procedures.