Primary Duty to Ensure Safety – concerns all...

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There is a general duty on all PCBUs to ensure, so far as reasonably practicable, the health and safety of:

PCBUs must also ensure, so far as reasonably practicable, that the health and safety of other people is not put at risk from work carried out by the PCBU.

There are also specific duties imposed on PCBUs in respect of:

 

Officers – if you are a Director then this change affects you...

There is a positive duty on officers to exercise due diligence to ensure that the PCBU complies with that duty or obligation. This is a key change from the HSE Act, where directors of a company can only be held liable where they have directly participated in, contributed to, or acquiesced in their company's failure. Under the HSWA officers may be convicted for a breach of due diligence regardless of whether the PCBU has been convicted of an offence.

Due diligence includes taking reasonable steps to: