PCBU primary duty of care (WA WHS Act 2020 s 19)

WA adopted harmonised model WHS Act 2020 with industrial manslaughter offences from 31 March 2022.

criticalcurrentongoingCriminal liability

Who must comply

WA PCBUs, officers, workers, others.

What triggers it

Conducting any business or undertaking.

When due

Continuous.

Evidence required

Risk assessments, training, consultation, incident reports.

Max penalty

Industrial manslaughter Crime Class A: 20 years prison + $10M corporate

Summary

Section 19 of the WHS Act 2020 (WA) imposes the primary duty. WA introduced industrial manslaughter on commencement (31 March 2022) — Crime Class A up to 20 years prison (individuals) + $10M corporate, Crime Class B up to 10 years + $5M.

Enforced by

Source legislation

Topics

whswaprimary-dutyindustrial-manslaughter

Source: https://commerce.wa.gov.au/worksafe/work-health-and-safety-act-2020. Rules Mate is not a law firm. Always verify against the live regulator source before acting.