The WHS/OH&S Act places the primary health and safety duty on a person conducting a business or undertaking (PCBU).
The PCBU must ensure, so far as is reasonably practicable, the health and safety of workers at the workplace. Duties are also placed on officers of a PCBU, workers and other persons at a workplace.
All duties under the WHS Act are qualified by the term ‘reasonably practicable’.
The Work Health and Safety Regulation describes how to prevent or minimise a risk at your workplace. You must do what the regulation says.
If a risk at your workplace is not covered by the regulation or code of practice then you must choose an appropriate way to manage exposure to the risk.
A person conducting a business or undertaking must, where there is no regulation or code of practice about a risk, eliminate or minimise risks so far as is reasonably practicable.