Understanding Section 20 of the Model WHS Act: Duties of Persons Conducting a Business or Undertaking (PCBU) with Management or Control of Workplaces

Section 20 of the Model Work Health and Safety (WHS) Act in Australia outlines the duties of Persons Conducting a Business or Undertaking (PCBU) who have management or control of a workplace. This section emphasizes the responsibility of those in managerial or controlling positions to ensure that the workplace environment is safe and without risks to health for all workers and others affected by their operations.

The section applies specifically to those PCBUs who have the authority to influence workplace conditions and are responsible for ensuring that the workplace itself, including its structures, systems, and environment, is free of hazards as far as reasonably practicable.

 Key Duties under Section 20

The main obligations for PCBUs under Section 20 include:

1. Ensuring the Workplace is Safe and Without Risks to Health

2. Maintaining Safe Access and Egress to and from the Workplace

3. Managing Risks Associated with Physical Workplace Structures

Let’s explore each of these duties in more detail and provide examples of how they apply in various workplace scenarios.

1. Ensuring the Workplace is Safe and Without Risks to Health

PCBUs with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace is safe and without risks to health. This means that the PCBU is responsible for identifying and managing hazards within the workplace environment, whether it be a factory, office, construction site, or any other workspace.

Example: A warehouse manager is responsible for overseeing operations, including safe storage and movement of goods. Under Section 20, they must ensure that shelving units are secure, that heavy items are stored at appropriate heights to prevent injury, and that the floor area is free of obstructions or spills that could cause slips, trips, or falls. Regular inspections and implementing housekeeping practices help meet this duty by maintaining a safe work environment.

2. Maintaining Safe Access and Egress to and from the Workplace

Section 20 also places a duty on PCBUs to ensure that workers and other individuals, including visitors or contractors, have safe access to and egress from the workplace. This responsibility includes ensuring that entry and exit points are free from hazards, accessible in emergencies, and suitable for the volume of people using them.

Example: On a construction site, the site manager must ensure that all pathways to and from the work area are clear of debris, tools, and equipment that could obstruct movement. They should also establish safe, marked walkways for pedestrians and ensure emergency exits are clearly labelled and accessible at all times. For example, snow, mud, or other slippery substances near access points should be regularly removed or mitigated to prevent slips or falls.

3. Managing Risks Associated with Physical Workplace Structures

PCBUs who control or manage workplaces are responsible for ensuring that structures within the workplace do not pose health and safety risks. This includes managing risks associated with buildings, stairways, floors, walls, and any permanent fixtures, especially if these structures could harm people at work.

Example: A factory manager identifies that a stairway in the building is worn and could potentially lead to a fall. To fulfill their Section 20 duty, the manager arranges for the stairway to be inspected and repaired and installs non-slip tread on each step. By proactively addressing the risk, the manager ensures the stairway remains safe for workers, meeting the obligation under the WHS Act.

Practical Steps for PCBUs to Fulfill Section 20 Duties

To meet their obligations under Section 20, PCBUs can take several proactive steps to create and maintain a safe workplace environment:

1. Conduct Regular Risk Assessments:

   - PCBUs should regularly inspect the workplace to identify any potential hazards related to structures, access points, and other environmental risks. Routine risk assessments help ensure that workplace conditions are safe and meet WHS standards.

2. Implement Control Measures:

   - Once hazards are identified, PCBUs must implement appropriate control measures, such as securing unstable structures, installing barriers, or improving lighting. These control measures should aim to eliminate risks where possible and reduce them to a manageable level when elimination is not feasible.

3. Establish Clear Access and Egress Paths:

   - Ensure that entry and exit points, as well as emergency exits, are clearly marked, free of obstructions, and suitable for regular use. Emergency lighting, signage, and access protocols should be implemented as necessary.

4. Maintain Structures and Facilities:

   - Physical structures, including floors, walls, roofs, and stairways, should be maintained to prevent deterioration that could lead to accidents. Regular maintenance schedules, repairs, and inspections are essential to managing these risks effectively.

5. Provide Training and Information:

   - Workers should receive training on safe access and egress, emergency exit procedures, and how to report any structural hazards they identify in the workplace.

Examples of Section 20 Duties in Different Workplaces

1. Office Environment:

   - In an office setting, a PCBU with control over the premises must ensure that furniture and fixtures are stable, electrical cords are safely managed, and walkways remain clear. Any broken equipment, such as elevators or lighting fixtures, should be promptly repaired to maintain a safe workplace environment.

2. Manufacturing Plant:

   - In a manufacturing plant, the site manager must monitor the condition of machinery and ensure that physical structures, such as guardrails and loading docks, meet safety standards. They should also maintain clear access paths for employees and ensure emergency exits are free from obstruction.

3. Retail Store:

   - A store manager is responsible for ensuring that shelves are securely installed and that merchandise is safely arranged to prevent items from falling. They must also ensure that aisles are free of trip hazards, and that entrances and exits remain accessible, even during peak times or in emergencies.

4. Construction Site:

   - On a construction site, the site supervisor must ensure that temporary structures like scaffolding are securely erected and regularly inspected. They must also implement traffic management systems to control vehicle and pedestrian movement, keeping access and egress points safe for all workers and visitors.

Section 20 of the Model WHS Act emphasizes the responsibility of PCBUs with management or control of a workplace to ensure a safe environment for workers and visitors. By understanding and implementing their duties—maintaining safe access, managing workplace structures, and proactively addressing hazards—PCBUs can create safer workplaces that protect everyone involved.

PCBUs should remember that safety is a continuous responsibility. Regular assessments, maintenance, and improvements to workplace conditions are essential not only for legal compliance but also for fostering a culture of safety that benefits all workers and visitors.