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Health and Safety Obligations within a Contractual Chain

A contractual chain WHS obligation arises when multiple contractors and sub-contractors are engaged in a project, each responsible for workplace health and safety compliance.

PCBU Duty of Care

The Person Conducting a Business or Undertaking (PCBU) holds the primary duty of care to ensure workplace health and safety. While often referring to employers, this responsibility also applies to:

  • Sole traders
  • Self-employed individuals
  • Companies and corporations
  • Associations
  • Government entities

WHS Obligations in Contractual Chains

All contractors within a contractual chain must:

  • Maintain a duty of care to all workers on site, not just their direct employees.
  • Eliminate or reduce risks as far as reasonably practicable.
  • Implement hazard awareness measures (e.g., signage, written notices).
  • Provide adequate training, instruction, and supervision.

Risk Management Approach

Contractors should collaborate to establish a workplace-specific reasonably practicable standard. This involves:

  • Assessing the likelihood and severity of hazards.
  • Evaluating available and suitable risk reduction methods.
  • Considering costs associated with risk elimination strategies.

This approach aligns with the Safe Work Code of Practice and ensures consistent safety standards across all parties in the contractual chain.

Assurance HR Management Support

Assurance HR Management empowers businesses to meet their contractual chain WHS obligations by providing dedicated WHS specialists for comprehensive workplace and off-site safety reviews. If you’re unsure about your responsibilities within a contractual chain, call us on 1800 577 515 for expert support and tailored guidance.