12 Nov The PCBUs and Officers of a Business
A court prosecution mentioned in a recent article is something that all business owners should be aware of, as it has never been previously tested in the courts
The Health and Safety at Work Act 2015 defined the responsibilities of a PCBU and that of the officers of a business. A simple definition of both roles (when it is associated with health and safety), is the person or persons who has the ability to influence change in the business.
Means, if the PCBU is—
- A company, any person occupying the position of a director of the company by whatever name called:
- A partnership (other than a limited partnership) any partner:
- A limited partnership, any general partner:
- A body corporate or unincorporated body, other than a company, partnership, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company:
(b) includes any other person, who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the PCBU (for example, the chief executive, chief financial officer, general manager, department manager or supervisor.
This case now sets a presence for the courts, so we suggest that you communicate these responsibilities to those in your business who hold management positions and can influence change, especially when it comes to health and safety.