PCBU primary duty of care (Victoria OHS Act s 21)
Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.
Who must comply
Victorian employers, PCBUs and officers.
What triggers it
Engaging workers; controlling workplaces.
When due
Continuous.
Evidence required
Risk assessments, control plans, training, consultation records, incident records.
Max penalty
Up to $19.65M (corporations) for industrial manslaughter; lower but substantial for Cat 1 / 2 / 3 breaches
Summary
Section 21 of the Occupational Health and Safety Act 2004 (Vic) imposes the primary duty on employers to ensure, so far as reasonably practicable, the safety of employees and others affected by work. Industrial manslaughter (s 39G) carries up to $19.6M (corporations) and 25 years prison.
Enforced by
Source legislation
Topics
Source: https://worksafe.vic.gov.au/employer-duties. Rules Mate is not a law firm. Always verify against the live regulator source before acting.