Am I a PCBU under the WHS Act?

You are a PCBU — a person conducting a business or undertaking — if you run a business or undertaking, for example as a company, sole trader, partnership or other entity, whether or not you make a profit (s5 of the model Work Health and Safety Act). A PCBU is usually the business itself rather than an individual employee. The PCBU owes the primary duty of care under s19: it must ensure, so far as is reasonably practicable, the health and safety of its workers and of other people put at risk by the work.

Who is an officer for WHS purposes?

An officer is a person who makes, or takes part in making, decisions that affect the whole or a substantial part of the business — for example a director or a chief executive officer. The model WHS Act (s4) takes the meaning of officer from s9 of the Corporations Act 2001 (Cth). An officer owes the due diligence duty under s27: they must take reasonable steps to keep up safety knowledge, understand the operations and their hazards, ensure the PCBU has and uses appropriate resources and processes, and verify those resources are used.

Is a contractor a worker under the WHS Act?

Yes. The definition of worker in s7 of the model WHS Act is deliberately broad. A worker is anyone who carries out work in any capacity for a business or undertaking — including an employee, a contractor or subcontractor, a labour-hire worker, an apprentice or trainee, a work-experience student, or a volunteer. Every worker owes the worker's duties under s28: take reasonable care for their own and others' safety, follow reasonable instructions, and cooperate with reasonable safety policies and procedures.

Can I be more than one duty holder at once?

Yes. A person can hold several WHS roles at the same time and owes each duty at once. A working director, for example, is a PCBU (or an officer of the PCBU) and also a worker, so they owe the primary duty of care or the due diligence duty and the worker's duties together. The duties overlap rather than cancel each other out.

What duty does each WHS duty holder owe?

A PCBU owes the primary duty of care (s19) — ensure health and safety so far as is reasonably practicable. An officer owes the due diligence duty (s27) — take reasonable steps to ensure the PCBU complies. A worker owes the worker's duties (s28) — take reasonable care, follow reasonable instructions, and cooperate. Another person at a workplace, such as a visitor, owes the duty in s29 — take reasonable care for their own and others' safety and follow reasonable instructions so far as they are able.

WHS Duty Holder Classifier — PCBU, Officer or Worker?

Work out whether you are a PCBU, an officer, a worker or another person under the WHS Act, and the duty each one owes.

Last verified: 21 June 2026

Work health and safety law splits duty holders into a PCBU (the business itself), officers (senior decision-makers like directors), workers (a broad group covering employees, contractors, labour hire, apprentices and volunteers), and other people at a workplace such as visitors. Each owes a different duty — primary duty of care (s19), due diligence (s27), the worker's duties (s28), or the visitor's duty (s29) — and a person can hold more than one role at once. Answer a few questions to see which apply to you.

Which WHS duty holder are you?

Answer a few questions to see whether you are a PCBU, an officer, a worker or another person at a workplace under the model Work Health and Safety Act, and the duty each role owes. You can be more than one at once. This is general information, not legal advice.

Do you run the business or undertaking?

You operate it as a company, sole trader, partnership or other entity — whether or not you make a profit.

Do you make high-level decisions about the business?

You make, or take part in making, decisions affecting the whole or a substantial part of the business — for example as a director or chief executive officer.

Do you carry out work for the business?

In any capacity — employee, contractor or subcontractor, labour-hire worker, apprentice or trainee, work-experience student, or volunteer.

Are you only visiting or present at the workplace?

You are at the workplace but do not run the business and do not carry out work there — for example a visitor or member of the public.

Your WHS duty holder classification

Based on your answers, here is how the model WHS Act classifies you and the duty each classification owes.

Other person at a workplace — e.g. a visitor

Who this is: You are at a workplace but do not run the business and do not carry out work there — for example a visitor or member of the public.
The duty you owe: You owe the duty of other persons at a workplace (s29): take reasonable care for your own health and safety, take reasonable care not to adversely affect others' safety, and comply, so far as you are reasonably able, with reasonable safety instructions.
Why — citation: The duties of other persons at the workplace are in s29 of the model WHS Act.

On the answers given, only one role applies to you. Keep in mind that a person can hold more than one WHS role at once if their circumstances change — for example, a person who runs a business and also carries out the work is both a PCBU and a worker.

Victoria and Western Australia: This reflects the general position under the model Work Health and Safety Act, adopted in NSW, QLD, SA, TAS, ACT, NT, WA and by the Commonwealth (Comcare). Victoria is not part of the harmonised scheme: the Occupational Health and Safety Act 2004 (Vic) uses "employer" and "employee" rather than "PCBU" and "worker", and officer liability is framed differently. Western Australia adopted the model WHS Act (the Work Health and Safety Act 2020 (WA)) but with some local variations. Check the Act that applies in your state or territory.

This is general information, not legal advice. WHS duties depend on your exact role and circumstances, and a person can hold several duties at once. Confirm your position under the work health and safety law that applies to you, or with a qualified adviser, before relying on it.

If you are an officer, run the Officer Due Diligence Audit to test your s27 steps. If contractors or labour hire are involved, the Overlapping WHS Duties Mapper shows who shares a duty. Or visit the Safety Hub for the full WHS tool set.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

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