Focus area 1: businesses are best placed to understand and manage their risks

We are seeking to understand how businesses and organisations make their decisions about health and safety and the reasons behind these decisions.

The HSW Act places the primary duty of care on a business or organisation to ensure the health and safety of workers and others affected by the work of the business or organisation. This is based on the principle that those who create the risks are best placed to understand and manage those risks.

Businesses that work together may have the same health and safety duties (referred to as ‘overlapping duties’). For example, multiple businesses may have overlapping duties in a shared workplace such as a port. Duties can also overlap in a contracting chain, where contractors and subcontractors provide services to a head contractor or client and don’t necessarily share the same workplace.

The HSW Act also places a duty on businesses that are ‘upstream’ in the supply chain (eg, engineers, manufacturers, importers, and suppliers) to ensure that the machinery and equipment that they supply is safe to use.