Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p12
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 31828–34683

cannot transfer their duty to another person or contract out their health and safety duties. Duty holders can make arrangements or agreements with other duty holders to assist with meeting their duties.

WHS Act section 46

Duty to consult with other duty holders

As a PCBU, you must also consult, cooperate and coordinate activities with all other persons who have a WHS duty in relation to the same matter, so far as is reasonably practicable.
For example, you might share a duty if you are involved in the same activities (e.g. your workers interact with workers of other PCBUs in the supply chain), have a duty of care for the same worker or workers (e.g. labour hire agency, host employer and building owner) or share the same workplace (e.g. work site with subcontractors; building foyer in a multi‑tenanted building; joint venture mine site).
Consulting, cooperating and coordinating with other duty holders can help you more easily and effectively control the risk of sexual and gender-based harassment, and assist each of you to comply with your duty. For example, if you engage workers through a labour-hire company, consulting and cooperating as part of contract negotiations can help ensure workers have training on the nature of sexual and gender-based harassment and the control measures in place to prevent it, and have clear reporting avenues if they experience it.
Further detail on the duty to consult with workers and other duty holders can be found in the Work Health and Safety (Work Health and Safety Consultation, Cooperation and Coordination) Code of Practice 2015 (Cth) and Work Health and Safety (Managing Psychosocial Hazards at Work) 2024 Code of Practice (Cth).

3.          Identifying sexual and gender‑based harassment
Sexual and gender-based harassment is a pervasive hazard occurring across all industries and the risk can be present in any workplace.
Identifying hazards is the first step of the risk management process.
As the PCBU you must identify risks of sexual and gender-based harassment to your workers, or to others arising from the work of your business or undertaking.
Identifying the risks of sexual and gender-based harassment involves understanding situations in which it could occur, including:
   -            when and where (e.g. at the usual workplace; while making deliveries; via email)
   -            how it could occur (e.g. from contact with customers or the public, or from other workers)
   -            the potential nature of the harassment (e.g. verbal or physical, overt, subtle), and
   -            who is likely to be affected.
You must identify where sexual or gender-based harassment is a reasonably foreseeable hazard that could give rise to risks to health and safety. This means identifying where it happens or could happen.
Sexual and gender-based harassment can harm workers both