Understanding WHS Obligations: A Guide for Hospitality Businesses
The Work Health and Safety (WHS) Act places duties on individuals and organisations whose actions or inactions impact health and safety. Here’s what you need to know to ensure compliance and maintain a safe workplace.
Who Are the Duty Holders?
The WHS Act identifies several duty holders:
- Persons Conducting a Business or Undertaking (PCBUs): The legal entity responsible for operations, such as hospitality venue owners or managers.
- Officers: Individuals in decision-making roles, like directors or senior managers.
- Workers and Other Persons: Employees, contractors, apprentices, volunteers, and anyone carrying out work in your workplace.
What is a PCBU?
A PCBU is the legal entity responsible for running a business or undertaking. This could be an individual or an organisation. Examples of individual PCBUs include:
- Sole traders or self-employed individuals (e.g., a café owner).
- Partners in partnerships.
- Trustees of family businesses.
However, a person is not a PCBU if they are only involved as:
- A worker (e.g., chef, waiter).
- An officer within the business (e.g., manager with no ownership stake).
Liability of a PCBU
PCBUs have a duty to prevent exposing anyone to risks from their business operations. Failure to do so can lead to penalties.
Why Formal WHS Due Diligence Frameworks Are Essential
To comply with the WHS Act, officers must actively ensure workplace safety by:
- Understanding operational hazards and risks.
- Verifying that hazards are being controlled effectively.
- Allocating resources to enable safe work practices.
- Implementing systems to review incidents, hazards, and risks in a timely manner.
- Staying updated with WHS laws and ensuring compliance through audits.
Key Implications for Hospitality Businesses
- Expanded Definition of ‘Worker’:
This now includes employees, contractors, apprentices, labour hire staff, volunteers, students, and even sub-contractors. - Risk Management Obligation:
Employers must eliminate or minimise risks to health and safety “so far as is reasonably practicable.” - Inspector Powers:
Workplace safety inspectors can enter premises without a warrant, conduct inspections, and request documents or evidence. Non-compliance with an inspector’s request can result in significant penalties:- Up to $10,000 for individuals.
- Up to $50,000 for body corporates.
By ensuring that your hospitality business is WHS-compliant, you not only safeguard your employees and guests but also avoid hefty penalties and maintain your reputation. SafeGuard Compliance Solutions can assist in reviewing your policies and implementing the necessary frameworks to keep your business secure.