Quick answer: A PCBU (Person Conducting a Business or Undertaking) is the primary duty holder under the WHS Act. If you run any business — as a company, sole trader, or partnership — you are a PCBU and have a legal duty to ensure the health and safety of workers and others so far as is reasonably practicable.
Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Model WHS Regulations.
In Australian Work Health and Safety (WHS) legislation, the term PCBU is central to everything. It stands for Person Conducting a Business or Undertaking.
If you run a business, you are likely a PCBU. This classification carries significant legal responsibilities, and understanding them is the first step to avoiding prosecution and keeping your workforce safe.
Who is a PCBU?
The term "Person" in PCBU doesn't just mean a human being; it is a legal entity. A PCBU can be:
- A company (Pty Ltd).
- A sole trader or self-employed person.
- A partnership.
- A government department or authority.
- An association or school.
Essentially, if you are conducting any form of business or undertaking (whether for profit or not), you are a PCBU.
The Primary Duty of Care
The WHS Act states that a PCBU has the primary duty of care to ensure, so far as is reasonably practicable, the health and safety of:
- Workers engaged, or caused to be engaged by the person.
- Workers whose activities in carrying out work are influenced or directed by the person.
- Other persons (e.g., visitors, the public) who may be put at risk by the work.
This means you are responsible not just for your direct employees, but also for contractors, sub-contractors, and anyone else on your site.
What is "Due Diligence"?
Officers of the PCBU (e.g., Directors, CEOs) must exercise Due Diligence to ensure the PCBU complies with its duties. You cannot simply delegate safety to a manager and forget about it.
Due Diligence requires you to:
- Acquire and keep up-to-date knowledge of WHS matters.
- Understand the nature of your operations and the associated hazards.
- Ensure the PCBU has appropriate resources and processes to eliminate or minimise risks.
- Ensure the PCBU has processes for receiving and considering information regarding incidents and hazards.
- Verify that these resources and processes are actually being used.
"Reasonably Practicable"
The law does not expect miracles, but it does expect you to do what is reasonably practicable. This involves weighing up:
- The likelihood of the hazard occurring.
- The degree of harm that might result.
- What you know (or ought to know) about the hazard and risk.
- The availability and suitability of ways to eliminate or minimise the risk.
- The cost associated with available ways of eliminating or minimising the risk (though cost is rarely a valid excuse for safety failures).
State and Territory Variations
The information on this page is based on the Model WHS Regulations published by Safe Work Australia, which have been adopted (with minor variations) by most states and territories.
| Jurisdiction | WHS regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Adopted Model WHS Act and Regulations |
| VIC | WorkSafe Victoria | Uses OHS Act 2004 — "employer" used instead of "PCBU" |
| QLD | Workplace Health and Safety Queensland | Adopted Model WHS Act and Regulations |
| SA | SafeWork SA | Adopted Model WHS Act and Regulations |
| WA | WorkSafe Western Australia | Adopted Model WHS Regulations (2022) |
| TAS | WorkSafe Tasmania | Adopted Model WHS Act and Regulations |
| ACT | WorkSafe ACT | Adopted Model WHS Act and Regulations |
| NT | NT WorkSafe | Adopted Model WHS Act and Regulations |
Always verify requirements with your state regulator, as local codes of practice and guidance may impose additional obligations.
Related guides
- Australian WHS Legislation Explained: Acts, Duties and Penalties
- Chain of Responsibility: Subcontractor Safety
- Notifiable Incidents: What Must Be Reported to SafeWork
- What to Do When a SafeWork Inspector Visits
Frequently asked questions
What is a PCBU?
PCBU stands for Person Conducting a Business or Undertaking — the primary duty holder under Australian WHS law. It includes companies, sole traders, partnerships, government bodies, and not-for-profits. If you run any business or undertaking, you are a PCBU.
What is the primary duty of care under WHS law?
The PCBU must ensure, so far as is reasonably practicable, the health and safety of all workers engaged by or under the direction of the business, and anyone else affected by the work.
What is due diligence for an Officer?
Officers (directors, CEOs) must actively ensure the PCBU complies with its WHS duties — acquiring knowledge, ensuring resources, and verifying processes are in use. Delegation to a manager does not discharge this duty.
Can a PCBU delegate their WHS duty?
No. The primary duty cannot be delegated or contracted away. Officers who fail to exercise due diligence can be personally prosecuted, regardless of what managers were told to do.
How to meet your obligations as a PCBU
Ignorance of the law is not a defence. As a PCBU, you must have a systematic approach to safety. Implementing a comprehensive WHS Management System is the best way to demonstrate that you are meeting your primary duty of care.
Looking for a complete framework? View WHS management systems and management plans.