Understanding Electrical Duty of Care Under Australian WHS Laws

If you manage electricians, apprentices, maintenance teams or contractors, “duty of care” can feel like a vague phrase that only matters when something goes wrong. In reality, duty of care under Australian Work Health and Safety (WHS) laws is one of the most practical concepts in safety management. It is the legal foundation that drives training requirements, safe work procedures, supervision, emergency planning, and what your business must do to prevent electrical incidents.

This matters because electrical incidents are often sudden, severe and unforgiving. When something goes wrong, regulators do not just ask “Did you mean well?” They ask “What did you do, what systems did you have, and was it reasonably practicable to do more?”

This guide explains what electrical duty of care means under Australian WHS laws, who it applies to, how regulators interpret it, and what “good” looks like in electrical workplaces, including how LVR, CPR and emergency readiness fit into your obligations.

What “duty of care” means in WHS

In most Australian jurisdictions (those operating under the model WHS laws), the central concept is the primary duty of care held by a Person Conducting a Business or Undertaking (PCBU). Safe Work Australia explains WHS duties and the concept of the PCBU here:
https://www.safeworkaustralia.gov.au/law-and-regulation/duties-under-whs-laws

The simplest way to understand duty of care is:

You must ensure health and safety, so far as is reasonably practicable, for workers and others affected by your work.

That includes anyone who may be affected by electrical work, such as:

• employees and apprentices

• subcontractors and labour hire workers

• visitors to sites

• clients and members of the public near works

Duty of care is not only about paperwork. It is about real controls that prevent injury and provide effective emergency response when incidents occur.

Who has electrical WHS duties

In a typical electrical business or worksite, multiple duty holders exist at the same time. Each has responsibilities.

1. PCBUs (business owners, employers, contractors, companies)

A PCBU holds the primary duty to ensure, so far as reasonably practicable, that work is carried out safely. Safe Work Australia’s outline is here:
https://www.safeworkaustralia.gov.au/law-and-regulation/duties-under-whs-laws/duties-pcbu

For electrical work, this usually includes:

• safe systems of work (procedures, permits, isolation, testing)

• training and competency management

• supervision, especially for apprentices and new starters

• risk assessment and control implementation

• maintenance and testing of equipment

• ensuring emergency readiness (first aid, LVR capability, CPR competence, emergency plans)

2. Officers (directors and senior decision-makers)

Officers typically have due diligence obligations. While the exact wording varies by jurisdiction, the practical expectation is that leaders must actively ensure the business has effective WHS systems, resources, and verification processes.

This is where many organisations get caught out. It is not enough to delegate safety to a supervisor and assume it is fine. Officers should be able to demonstrate they:

• understand the hazards (including electrical hazards)

• ensure resources are available (training, equipment, competent supervision)

• verify controls are actually implemented and effective

3. Workers (including electricians and apprentices)

Workers must take reasonable care for their own health and safety and follow reasonable instructions and procedures. On the ground, this translates to:

• using isolation and lockout procedures

• not bypassing safety controls to save time

• wearing required PPE

• reporting hazards, damaged leads, unsafe equipment, and near misses

• participating in training and competency checks

4. Multiple duty holders on shared sites

On construction sites and large projects, you often have multiple PCBUs at once. WHS laws typically require consultation, cooperation and coordination between duty holders. If you are a subcontractor electrician, you still hold duties in your own work scope, and the principal contractor holds overarching site safety duties.

Why “reasonably practicable” is the phrase that matters most

Most WHS duties are qualified by the term so far as is reasonably practicable. This phrase is the legal test regulators use when they examine whether a business did enough.

In practice, it means you should:

• eliminate electrical risks where possible

• if you cannot eliminate, minimise risks as far as is reasonably practicable

The key point is that you must do what is reasonably able to be done, not what is easiest or cheapest.

What regulators look at when deciding what was reasonably practicable commonly includes:

• likelihood of the hazard causing harm

• degree of harm that could result

• what you knew or ought reasonably to have known about the hazard and controls

• availability and suitability of ways to eliminate or minimise risk

• cost, but only after considering risk and control options

In electrical work, because the potential harm is severe (including death), “reasonably practicable” usually sets a high bar.

Electrical duty of care in practice: what you must manage

Safe Work Australia’s Model Code of Practice on managing electrical risks is a major reference point for what “good” looks like:
https://www.safeworkaustralia.gov.au/system/files/documents/1810/model-cop-managing-electrical-risks-in-the-workplace.pdf

Safe Work Australia also provides the code landing page here:
https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-electrical-risks-workplace

This guidance is designed to help PCBUs meet WHS duties. In practical terms, electrical duty of care often includes the following areas.

1. Hazard identification and risk assessment

Electrical hazards can include:

• live parts and exposed conductors

• damaged leads and plugs

• incorrect earthing

• poor isolation and lockout practices

• unsafe test methods

• energised work without proper controls

• arc flash risk (even in low voltage systems)

• wet environments and conductive surfaces

• poor separation of work areas from the public

Risk assessment should not be a generic template. It should reflect your actual tasks such as fault-finding, switchboard work, testing, commissioning, or work in ceiling spaces.

2. Electrical isolation, verification and safe work procedures

Your duty of care typically requires:

• documented isolation procedures

• verification of de-energised status using safe test methods

• lockout and tagging processes where relevant

• clear permit and authorisation systems for higher-risk tasks

• restricting or eliminating energised work where possible

3. Competency, training, and supervision

Competency is a central part of duty of care. A common compliance myth is “They’re licensed, so we’re covered.” Licensing is important, but your WHS duty goes further.

You need to ensure workers are competent for the tasks they are assigned. That includes:

• job-specific induction

• task instruction and supervision for apprentices

• refresher training where skills degrade (especially rescue and CPR)

• confirmation of competency, not just attendance

4. Emergency planning, first aid and rescue readiness

Electrical work has foreseeable emergencies, including electric shock, burns and falls.

Safe Work Australia explains emergency plan duties here:
https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/emergency-plans-and-procedures/whs-duties

Overview page:
https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/emergency-plans-and-procedures/overview

Safe Work Australia’s first aid duties information is here:
https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/first-aid

First aid guidance and the Model Code of Practice First aid in the workplace:
https://www.safeworkaustralia.gov.au/doc/model-code-practice-first-aid-workplace

PDF of the first aid code (widely referenced for annual CPR refresher expectations):
https://www.safeworkaustralia.gov.au/sites/default/files/2021-10/code_of_practice_-_first_aid_in_the_workplace_July%202019.pdf

What this means for electrical businesses:

• you need a tailored emergency plan (not a generic document)

• you need trained people, equipment and processes to respond

• for electrical shock, that often includes Low Voltage Rescue capability and current CPR competence

This is the link between WHS duty of care and LVR training. If electric shock is a foreseeable risk, it is difficult to argue you met your duty of care if no one on the job can safely rescue and provide CPR.

How duty of care differs across Australia

Most states and territories use the model WHS laws, but Victoria and Western Australia have differences in legislation and structure.

Victoria example (OHS Act rather than model WHS Act)

WorkSafe Victoria summarises general duties under the Victorian Occupational Health and Safety Act 2004 here:
https://www.worksafe.vic.gov.au/summary-ohs-act-2004-general-ohs-duties

Victoria’s duty for employers under section 21 is available here via AustLII:
https://www5.austlii.edu.au/au/legis/vic/consol_act/ohasa2004273/s21.html

WorkSafe Victoria also provides a plain-English overview of legal duties:
https://www.worksafe.vic.gov.au/occupational-health-and-safety-your-legal-duties

Even with legislative differences, the practical expectations are very similar: provide a safe work environment, manage risks, ensure training and supervision, and maintain effective emergency response systems.

Electrical duty of care checklist for real workplaces

If you are responsible for an electrical team, use this as a practical audit of whether your duty of care system is working.

Risk controls and work methods

• We have documented isolation and verification procedures for common tasks

• Workers have the right tools and test equipment, and it is maintained

• Damaged leads and faulty equipment are removed from service immediately

• Energised work is eliminated where possible, and controlled when unavoidable

• Work areas are secured to protect other workers and the public

Competency and supervision

• Apprentices are supervised appropriately for the tasks they are performing

• New starters receive task-specific induction, not just a site induction

• High-risk tasks (switchboards, commissioning, fault-finding) are assigned based on proven capability

• Refresher training is scheduled, tracked and completed before expiry or site cut-offs

Emergency readiness

• We have an emergency plan tailored to our sites and work types

• First aid equipment is available and accessible

• CPR-trained workers are present and current

• Low Voltage Rescue capability is maintained where electric shock is a foreseeable risk

• Teams know what to do, not just where the document is stored

Records and verification

• Training records are centralised and can be produced quickly

• Equipment inspections are recorded

• Supervisors verify critical controls are actually being used on site

• Incidents and near misses are investigated and used to improve systems

How AB First Aid supports duty of care in electrical workplaces

Duty of care is easier to meet when training is consistent, practical and supported by systems that remove admin pressure.

AB First Aid has become a trusted leader in LVR and CPR training by focusing on the two things that matter most in electrical safety: practical competence and compliance confidence. We work with contractors, maintenance teams and multi-site organisations that need training to be consistent, efficient and audit-ready.

What sets AB First Aid apart:

• practical-first delivery with realistic rescue sequencing and hands-on repetition

• short in-person practical components that reduce downtime without compromising standards

• scalable group training for electrical teams, including on-site delivery nationally

• compliance-ready documentation and support for record keeping and renewals

• a partnership approach that helps businesses build a repeatable renewal system

If you want duty-of-care confidence that stands up to site scrutiny, AB First Aid can help you build training and renewal rhythms that keep your crews ready, not rushed.

References and resources (full links)

• Safe Work Australia, duties under WHS laws
  https://www.safeworkaustralia.gov.au/law-and-regulation/duties-under-whs-laws

• Safe Work Australia, duties of a PCBU
  https://www.safeworkaustralia.gov.au/law-and-regulation/duties-under-whs-laws/duties-pcbu

• Safe Work Australia, Model Code of Practice: Managing electrical risks in the workplace (PDF)
  https://www.safeworkaustralia.gov.au/system/files/documents/1810/model-cop-managing-electrical-risks-in-the-workplace.pdf

• Safe Work Australia, managing electrical risks code landing page
  https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-electrical-risks-workplace

• Safe Work Australia, first aid topic page
  https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/first-aid

• Safe Work Australia, Model Code of Practice: First aid in the workplace landing page
  https://www.safeworkaustralia.gov.au/doc/model-code-practice-first-aid-workplace

• Safe Work Australia, First aid in the workplace code (PDF)
  https://www.safeworkaustralia.gov.au/sites/default/files/2021-10/code_of_practice_-_first_aid_in_the_workplace_July%202019.pdf

• Safe Work Australia, emergency plans WHS duties
  https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/emergency-plans-and-procedures/whs-duties

• Safe Work Australia, emergency plans overview
  https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/emergency-plans-and-procedures/overview

• WorkSafe Victoria, summary of OHS Act general duties
  https://www.worksafe.vic.gov.au/summary-ohs-act-2004-general-ohs-duties

• Victorian OHS Act 2004 section 21 (AustLII)
  https://www5.austlii.edu.au/au/legis/vic/consol_act/ohasa2004273/s21.html

• WorkSafe Victoria, occupational health and safety legal duties overview
  https://www.worksafe.vic.gov.au/occupational-health-and-safety-your-legal-duties