Document ID: chunk:federal_register_of_legislation:F2016L00394:body:0:p7
Version: federal_register_of_legislation:F2016L00394
Segment Type: other
Provision Reference: 
Character Range: 15891–18785

Builder:  This is a person conducting a business or undertaking (PCBU) that commissions the construction work and is authorised to manage, control and coordinate the construction work at the workplace.  For construction projects they are referred to as the 'principal contractor'.

Subcontractor:  This is a PCBU that enters into a contract with a builder or principal contractor to undertake specified construction work. They are also 'workers'.

Owner-builder: Generally, a person who builds their own home will have been issued with an owner-builder permit, license or certificate[2] and will be considered to be a PCBU. Owner-builders have management or control of the workplace and take on the responsibility and liability that would normally fall on the principal contractor. Owner-builders must ensure, so far as is reasonably practicable, the health and safety of any workers they engage such as electricians, plumbers
and gasfitters. Building laws may also impose certain requirements.
A person is not considered to be an owner-builder or a PCBU if they:
    * are a home buyer, owner or occupier commissioning work on their home, or
    * are an individual undertaking maintenance, refurbishment or minor renovations of their own home or helping a friend.
Designer: A designer is a person conducting a business or undertaking that designs a structure that is to be used or could reasonably be expected to be used, as or at, a workplace, including during construction, maintenance, renovation or demolition of the structure.

1.7              Who has health and safety duties relating to construction work?
Everyone involved in construction work has health and safety duties when carrying out the work.
The primary duty under the WHS Act requires a person conducting a business or undertaking to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking.
Multiple duties
The nature of construction work means that there are various businesses or undertakings with duties relating to construction work. It can involve a person conducting a business or undertaking who:
    * carries out construction work
    * designs the building or structure
    * commissions the construction work (except for a home-owner where they are not a PCBU)
    * is a principal contractor
    * has management or control of a workplace at which construction work is carried out
    * carries out high risk construction work.
Other duty holders that have responsibilities under the WHS Act and Regulations are:
    * officers (e.g. company directors)
    * workers, and
    * other persons (e.g. visitors to construction sites).
It is common in the construction industry for a person to fall into more than one duty holder category. For example, a principal contractor will have the duties of a principal