Person conducting a business or undertaking duties 

A person conducting a business or undertaking (PCBU) has a duty under the model WHS laws to eliminate risks to health and safety of workers and other persons so far as is reasonably practicable. If it is not reasonably practicable to eliminate risks, they must be minimised so far as is reasonably practicable.  

This means you must do all that you reasonably can to manage the risk of fatigue in your workplace. 

You must consult with workers, and health and safety representatives (HSRs) if you have them, about health and safety issues that may directly affect them. You must also consult, cooperate and coordinate activities with any other duty holders who you share a duty with.  

The Guide for managing the risk of fatigue at work has practical information on managing fatigue and meeting your WHS duty. 

Worker duties 

Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a duty to:  

• take reasonable care for their own health and safety  

• take reasonable care for the health and safety of others including ensuring their acts and omissions don’t adversely affect others health and safety 

• comply with any reasonable instructions, policies and procedure given by their employer at the workplace.  

Fatigue management – a worker’s guide has different ways workers can make sure they’re not at risk of fatigue in the workplace.