Full source list for What does health and safety actually require of my small business?
Five numbered references for /wayfinder/refs/health-safety-baseline:
1. PCBU definition: section 17 of the Health and Safety at Work Act 2015 defines a PCBU as a person who conducts a business or undertaking. The definition includes sole traders, partnerships, companies, trusts, and most non-profit organisations. It is intentionally broad to capture all modern working arrangements. The primary duty of care under section 36 applies to all PCBUs, scaled by the reasonably-practicable standard.
2. Reasonably practicable: section 22 of HSWA defines reasonably practicable for the purposes of the Act. The standard requires weighing the likelihood of hazards occurring, the degree of harm that might result, knowledge of the hazard and control measures, availability and suitability of control measures, and cost. Cost is only one factor and cannot be the sole basis for failing to apply a reasonable control. The standard is contextual and scales with the nature of the business.
3. Officer due diligence: section 44 of HSWA imposes a personal due-diligence duty on Officers (defined in section 18 as directors, partners, chief executives, or those with significant influence over management). The duty has six elements set out in section 44(4): acquire H&S knowledge; understand operations and hazards; ensure resources and processes; ensure incident-response processes; ensure compliance processes; verify implementation. Penalty structure under sections 47–49 of HSWA (for individuals — officers and PCBUs): section 47 (reckless conduct in respect of health and safety duty) — up to 5 years imprisonment and/or up to $600,000 fine; section 48 (failure to comply with duty that exposes individuals to risk of death or serious injury/illness) — up to $300,000 (no imprisonment); section 49 (failure to comply with a health and safety duty) — up to $100,000. Insurance cannot meet these fines.
4. Worker engagement: section 56 of HSWA requires PCBUs to engage with workers on H&S matters and have practices for ongoing worker participation. The Act doesn't prescribe specific mechanisms; the regulations and WorkSafe guidance establish that mechanisms must be proportionate to the size and nature of the business. Worker-engagement obligations apply regardless of business size.
5. Notifiable events: sections 23-25 of HSWA define notifiable injuries, notifiable illnesses, and notifiable incidents. Section 56 requires PCBUs to notify WorkSafe immediately of a notifiable event and preserve the site until WorkSafe gives instructions. Section 57 requires records of notifiable events to be kept for at least 5 years. Failure to notify is an offence carrying significant penalties.