On a construction site, the PCBU will include the builder/ principal contractor, any sub-contractors including sub-contractors engaged by the sub-contractors (including self-employed contractors), along with the client engaging the principal contractor/ builder in Western Australia.
When is there a Duty of Care?
A PCBU will have a health and safety duty if they:
- direct or influence work carried out by a worker.
- engage or cause to engage a worker to carry out work (including through subcontracting).
- may put other people at risk from the conduct of their business or undertaking.
- manage or control a workplace.
- manage or control fixtures, fittings or plant at the workplace.
- design, manufacture, import or supply plant, substances or structures for use at a workplace.
- install, construct or commission plant or structures at a workplace.
- provide services relating to work health and safety.
What are the duties of a PCBU?
Under the primary duty of care a PCBU must ensure so far as reasonably practicable:
- the provision and maintenance of a work environment that is safe including safe access to and exit from the workplace,
- the provision and maintenance of plant, structures and systems of work and that are safe and do not pose health risks,
- the safe use, handling and storage of plant, structures and substances,
- the provision of adequate facilities for the welfare at work of workers at work,
- the provision of information, instruction, training or supervision to workers needed for them to work without risks to their health and safety and that of others around them,
- that the health of workers and the conditions of the workplace are monitored to prevent injury or illness,
- the maintenance of any accommodation owned or under their management and control to ensure the health and safety of workers occupying the premises.
Additional duties apply for:
- a PCBU that designs, manufactures, imports or supplies plant, substances or structures for use at a workplace,
- a PCBU that installs, constructs or commissions plant or structures at a workplace,
- a PCBU that provides services relating to work health and safety,
- notification and recording of workplace incidents,
- compliance with the requirements of the work health and safety regulations.
A PCBU also has duties in relation to:
- consultation with:
- workers who are or are likely to be directly affected by matters relating to WHS,
- health and safety representatives, and
- health and safety committees.
- consultation, cooperation and coordination with other duty holders who have a duty in relation to the same WHS matter,
- health and safety committees and elected health and safety representatives, and
- resolution of health and safety issues.
What if there is more than one PCBU on a site?
There may be more than one PCBU with the same duty on site at the same time.
When PCBU’s share duties or have ‘overlapping duties’:
- Each PCBU must comply with their duty, so far as reasonably practicable.
- Each PCBU must discharge their duty to the extent they have management or control.
Example of PCBUs sharing duties include:
- Principal contractor and sub-contractor.
- Labour provider and person with management of workplace.
- A contractor with employees working in another's workplace.
Read more on PCBU responsibilities.