WHS duty holder classifier

Answer a few questions about how you’re connected to a business to see which WHS duty holder you are (a PCBU, an officer, a worker or another person) and the duty that comes with each role.

Figures checked 5 November 2026. Free to use, no sign-in.

Victoria and Western Australia have their own Acts; the tool switches to them.

About you

Are you a director or company secretary, or do you make or take part in decisions that affect the whole or a substantial part of the business?

For example a director, chief executive or senior executive. Most managers are not officers.

Do you carry out work for the business yourself?

Paid or unpaid, in any capacity.

Your WHS role

Under the WHS Act you are

Worker

Your duties

  • Worker

    Take reasonable care for your own health and safety and that you don’t harm others, follow reasonable instructions, and cooperate with reasonable safety policies.

    ss 7 and 28 of the Work Health and Safety Act 2011 (NSW)

To check

  • Officer

    You’re an officer if you’re a director or company secretary, or you make or take part in decisions affecting the whole or a substantial part of the business, or can significantly affect its finances (Corporations Act s 9, through s 4).

Good to know

The company or other entity is the PCBU and owes the primary duty, not you personally. Being an officer or worker doesn’t make you a PCBU (s 5(4)). A person can hold several roles at once and owes each duty (s 15).

  • A person can hold several roles at once and owes every duty that comes with them.
  • Unsure answers don’t assign a role: they show what would decide it.

General information, not legal advice.

How this works

The tool applies the definitions in the WHS Act: PCBU (s 5), officer (s 4, using the Corporations Act meaning) and worker (s 7), and the duties in ss 19, 27, 28 and 29. Partners in a partnership are each the PCBU and are not officers. A person engaged solely as a worker or officer is not a PCBU in that capacity (s 5(4)). An individual PCBU who works in the business is also a worker (s 7(3)).

For Victoria it uses the employer, self-employed person, employee and officer provisions of the OHS Act 2004. Unsure answers never assign a role; they show what would decide it.

Legal basis

Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.

Questions

What is a PCBU?

A person conducting a business or undertaking: usually the business itself, whether a company, sole trader, partnership or other entity, for profit or not. The PCBU owes the primary duty of care under s 19 of the WHS Act.

Is a company director the PCBU?

No. When a company runs the business, the company is the PCBU. A director is an officer, who personally owes the due diligence duty in s 27, and is also a worker if they do work in the business.

Are contractors and volunteers workers?

Yes. A worker is anyone who carries out work in any capacity for a PCBU, including contractors and subcontractors and their employees, labour hire employees, outworkers, apprentices, work experience students and volunteers.

How does Victoria differ?

Victoria’s Occupational Health and Safety Act 2004 puts duties on employers, self-employed people, employees and people who manage or control workplaces, rather than PCBUs and workers. Officers have no positive due diligence duty but can be liable under s 144 if the company’s breach is attributable to their failure to take reasonable care.

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Questions the calculator can’t answer?

Workfloor answers pay, award, leave and termination questions for your team, with the Fair Work Act section or award clause behind each answer.

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