Section 29: WHS Duties of Other Persons at the Workplace

Regulatory citation: Model Work Health and Safety Act, Section 29, Duties of other persons at the workplace

What Is the Section 29 Duty?

Section 29 of the model WHS Act applies to any person at a workplace, whether or not that person also has another duty under Part 2 of the Act. It covers people who are not workers of the business, such as customers, visitors, delivery drivers, students and members of the public. It also sits on top of other duties, so a worker or officer present at a workplace is covered too.

Why Section 29 Matters

A business can only control so much. Visitors who ignore barriers, customers who enter restricted areas or contractors who disregard site rules can put themselves and others at risk. Section 29 gives everyone at a workplace a basic legal responsibility for safe behaviour.

Core Obligations

1. Know Who Is Covered (s29)

The duty applies to a person at a workplace. Section 8 defines a workplace as a place where work is carried out for a business or undertaking, which can include vehicles, vessels and other mobile structures. Being at the workplace, not being employed there, is what triggers the duty.

2. Take Reasonable Care for Your Own Safety (s29(a))

A person at a workplace must take reasonable care for their own health and safety. Examples include staying behind barriers, wearing the protective equipment issued at the gate and not entering areas marked as restricted.

3. Take Reasonable Care for Others (s29(b))

A person must take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons. Leaving a trolley in a walkway or distracting a forklift driver could breach this duty.

4. Follow Reasonable Instructions (s29(c))

A person must comply, so far as they are reasonably able, with any reasonable instruction given by the PCBU to allow the PCBU to comply with the Act. Sign-in procedures, site inductions, escort rules and evacuation directions are typical examples.

5. The PCBU's Duties Still Apply (ss19(2), 14)

Section 29 does not shift responsibility away from the business. Under section 19(2), a PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the business. Duties cannot be transferred to another person.

6. Volunteers and Associations (s34)

A volunteer does not commit an offence for failing to comply with a health and safety duty, except duties under section 28 (workers) or section 29. An unincorporated association does not commit an offence for failing a duty imposed on it, but its members can still be liable under sections 28 and 29.

7. Offences Can Apply (ss30–33)

The section 29 duty is a health and safety duty, so a breach can be prosecuted as a Category 1, 2 or 3 offence depending on its seriousness. The model Act sets separate, lower maximum penalties for individuals who are not a PCBU or officer.

Common Compliance Approaches

Visitor Sign-In and Induction

Use a short induction at sign-in that covers hazards, restricted areas, required protective equipment and emergency procedures.

Clear Signs and Barriers

Make instructions easy to follow with signage, marked walkways and physical barriers.

Escort Rules

Require visitors to be escorted in high-risk areas, and give hosts authority to stop unsafe behaviour.

Example: Section 29 in Practice

A building supplies yard lets trade customers drive in to collect orders. At the gate, each driver signs in, receives a hi-vis vest and is told to stay in the vehicle while forklifts load. One customer repeatedly walks into the forklift zone. Staff stop loading, repeat the instruction and record the incident, and the yard manager suspends the customer's drive-in access until they agree to follow the rules.

Related regulations: WHS duties of workers, WHS primary duty of care, WHS offences and penalty categories.

Note: This summary is based on the model WHS Act published by Safe Work Australia. Model laws only take effect once a jurisdiction enacts them, and each jurisdiction's WHS Act can differ in wording, section numbers and penalties. Victoria has not adopted the model WHS laws and has its own OHS Act. Always check the legislation and regulator guidance that apply where you work.

Frequently Asked Questions

Does section 29 apply to members of the public?

Yes, while they are at a workplace. Customers in a shop or visitors at a site are persons at a workplace.

Can a visitor be prosecuted?

Yes. The section 29 duty is a health and safety duty, and failing to comply can be an offence under sections 31 to 33.

Does a visitor have to follow every instruction?

No. The duty is to comply, so far as the person is reasonably able, with reasonable instructions given to allow the PCBU to comply with the Act.