Duties of a PCBU

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.

The above is intended to provide general information in summary form. The content does not constitute specific advice and should not be relied upon as such. Formal advice should be sought by members and customers with respect to particular matters before taking action.