Document ID: chunk:federal_register_of_legislation:F2016L00394:body:0:p8
Version: federal_register_of_legislation:F2016L00394
Segment Type: other
Provision Reference: 
Character Range: 18547–21188

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 contractor as well as other duties of a PCBU. A subcontractor is a PCBU and can also be a worker when working at
a construction workplace.
Shared duties

More than one person can have the same duty. Where two or more people have the same duty, each person must comply with that duty, even if another duty holder has the same duty. This is, however, qualified by the extent to which:

    * the person has the capacity to influence and control the matter, or
    * would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
This means that a person cannot contract out of their health and safety duties, but can make arrangements with other PCBUs to do the things that will meet the duties on their behalf.

For example a principal contractor and a subcontractor, as PCBUs, will have the same duty to ensure access to first aid facilities at a workplace. It may not be practical or necessary for both PCBUs to provide the first aid facilities, so they may arrange for only one of them to provide the facilities. In doing this and confirming the facilities are in place and accessible to workers, each PCBU has 'ensured access to first aid facilities' and therefore complied with their duty.

Determining which person or persons have the capacity to influence and control the work depends on the circumstances at the time.

 For example at a housing construction site subcontractors have the capacity to directly manage the risks associated with their own work and the activities of any worker they engage to carry out the work. The principal contractor or builder will also be able to influence and control the way work is carried out, and how risks are managed by coordinating and monitoring the work and confirming that risk control measures are implemented by the subcontractor.

Although a principal contractor or builder may not be present on site at all times, they must still ensure the work is being carried out safely. The principal contractor or builder should check the subcontractor's work procedures and any SWMS (if relevant) to ensure risks associated with the work are addressed and then visit the site as necessary to verify the work is being carried out safely.

In all cases, people are expected to take reasonable care for their own safety and the safety of others.

1.8              What is required to manage risks in construction