The concept of a “person conducting a business or undertaking” is a key feature of the Model Work Health and Safety Act (Model Act). This concept allows for wider coverage of work health and safety laws in the workplace, and is more suited to modern working arrangements.

The “person conducting a business or undertaking” is the primary duty-holder in respect of work health and safety.

The definition of a “person conducting a business or undertaking” is contained in s 5 of the Model Act.

See Who is a person conducting a business or undertaking?

The primary duty of care is imposed on all persons conducting a business or undertaking, regardless of the nature of the business or undertaking, in relation to the work being carried out in that business or undertaking.

The primary duty of care is owed to workers and to other persons (for example visitors) whose health and safety may be exposed to risk from the work carried out as part of the conduct of the business or undertaking.

The primary duty of care owed to workers is expressed as a positive duty. It requires the person conducting the business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers, while the workers are at work at the business or undertaking.

The duty in relation to other persons is to ensure, so far as is reasonably practicable, that their health and safety is not put at risk from work carried out as part of the conduct of the business or undertaking.

There are some specific obligations which are included within the primary duty of care. These are listed in s 19(3) of the Model Act. These specific obligations do not limit the scope of the more generally described duties to workers and to other persons.

See Primary duty of care.

In addition to the primary duty of care, the Model Act imposes duties on persons conducting businesses or undertakings that engage in particular kinds of activities. These duties are imposed because the activities could have a significant impact on health and safety at work.

These activities fall within two broad areas:

• the management and control of workplaces, fixtures, fittings and plant; and

• the design, manufacture, construction, import and supply of plant, substances and structures used for work.

The duties relating to these activities are often referred to as “upstream” duties. The Explanatory Memorandum to the Model Work Health and Safety Bill (item 90) refers to the persons who hold these duties as “upstream” duty-holders because of their ability to influence the safety of products before they are used in the workplace.

See Further duties of persons conducting a business or undertaking.