It is a HSWA requirement that farmers work with contractors or other health and safety duty holders when they have the same health and safety duty (overlapping duties). This section explains the concept of overlapping duties.
Blue shading is used to denote content based on the changes to the Health and Safety at Work Act that come into effect on 1 April 2027.
How PCBU duties can overlap in a contracting chain
A PCBU may have more than one duty.
More than one PCBU may have the same duty. These are called ‘overlapping duties’.
PCBUs that work together can have overlapping duties for a workplace, work activity or person.
PCBUs do not need to have a contract with each other to have the same duties. This can happen in shared workplaces, such as when different contractors work close to each other.
More than one PCBU can have duties in a contracting chain. This happens when contractors and subcontractors provide services to a principal contractor (usually the farmer). This can happen in both simple and more complex contracting chains (Figure 1).
![[image] Simple and more complex contracting chain](/assets/Law-and-regulations/Changes-HSWA/image-simple-complex-contracting-chain.png)
Example 1: Simple contracting chain on a farm
A farmer hires a fencing company to build a new stock yard on his farm. The fencing company brings on a concrete mixing company to pour a concrete slab. In this scenario:
- the farmer is the contracting PCBU
- the fencing company is the contractor
- the concrete mixing company is the subcontractor.
How duties can overlap in a shared workplace
Farmers and other PCBUs do not need to have a contract with each other to have the same duties. This can happen in shared workplaces, such as when different contractors work close to each other.
Example 2: Duties in a shared workspace
A farmer hires a forestry company to harvest the trees on his small forestry block on the farm. The forestry company brings their subcontractor to do the tree felling.
- The farmer is the contracting PCBU.
- The forestry company is the contractor.
- The self-employed contractor, who is doing the tree felling, is the subcontractor.
When the work is carried out on site, these three PCBUs have overlapping health and safety duties while they are sharing their workspace on the farmland.
Examples of health and safety duties that may apply to multiple PCBUs
Figure 2 shows examples of duties that more than one PCBU may have in a contracting chain or in shared workplaces.
![[image] Examples of duties that more than one PCBU may have](/assets/Law-and-regulations/Changes-HSWA/image-examples-duties-pcbus-contracting-chain.png)
The image gives examples of duties in that more than one PCBU may have in a contracting chain. There are three scenarios: the workplace, the work, and the worker.
The workplace
For example:
- workplace requirements and facilities (for example, layout, flooring, toilets, drinking water, rest facilities)
- emergency planning
- first aid facilities, equipment and first aiders
- notifying WorkSafe about notifiable events.
The work
For example:
- managing work risks
- notifying WorkSafe about particular hazardous work
- monitoring worker exposure or worker health
- remote or isolated work.
The worker
For example:
- worker engagement, participation and representation
- young workers and young people at the workplace (generally under 15 years old)
- personal protective equipment (PPE)
- training, instruction, information and supervision.
End of text alternative.
Other legal duties may also apply. For example, if the work involves substances hazardous to health (for example, welding fumes), hazardous substances, or work under raised objects or falling objects.
Small and large PCBUs can have different legal duties.
Small PCBUs (fewer than 20 workers)
Small PCBUs are only required to meet specified HSWA duties in relation to critical risks, including sections 36–43 (excluding section 36(3)(e)) and regulations 9, 15(2), and 19 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016.
When complying with other duties, small PCBUs must manage critical risks first.
Large PCBUs (20 or more workers)
Large PCBUs must manage both critical and other risks, but are required to give priority to critical risks.
For more information about small and large PCBUs and critical risks, see our guidance:
PCBUs can have duties for the same workers
As shown in Figure 3, under HSWA:
- contractors and their employees are considered workers of the farmer
- subcontractors and their employees are considered workers of both the farmer and the contractor.
Also, a person self-employed as a sole trader can be a worker as well as a principal contractor, contractor or subcontractor.
![[image] Contractors and their employees are considered workers of the farmer, and subcontractors and their employees are considered workers of both the farmer and the contractor.](/assets/Law-and-regulations/Changes-HSWA/image-workers-for-farmers-contractors-subcontractors.png)
What must farmers and contractors do if they have overlapping health and safety duties?
When farmers and contractors have the same health and safety duty, each PCBU must, so far as is reasonably practicable cooperate with each other. This means to:
- consult with each other
- cooperate with each other
- coordinate their activities.
These requirements apply to all PCBUs that have the same duty. However, PCBUs do not always have the same obligations.
Small PCBUs (fewer than 20 workers)
Small PCBUs are required to cooperate with other PCBUs for critical risks. Small PCBUs may choose to cooperate in relation to risks other than critical risks.
Large PCBUs (20 or more workers)
Large PCBUs are required to cooperate with other PCBUs for all relevant risks.
Figure 4 shows how to consult, cooperate and coordinate with other PCBUs.
PCBUs must consult, cooperate and coordinate when they have overlapping health and safety duties
![[image] PCBUs must consult, cooperate, and coordinate when they have overlapping duties](/assets/Law-and-regulations/Changes-HSWA/image-pcbus-must-consult-cooperate-coordinate-overlapping-duties.png)
The image describes how PCBUs must consult, coordinate, and cooperate with other PCBUs.
When multiple PCBUs have the same duty, each PCBU must, so far as is reasonably practicable cooperate with each other. This means to:
- consult with each other
- cooperate with each other
- coordinate their activities.
Small PCBUs (fewer than 20 workers) are required to cooperate with other PCBUs for critical risks. Small PCBUs may choose to cooperate in relation to risks other than critical risks.
Large PCBUs (20 or more workers) are required to cooperate with other PCBUs for all relevant risks.
Consult with each other
- Together, discuss what work will be done and what the health and safety duties and risks are.
- Identify where different PCBUs have the same duties for a workplace, work activity or person. Agree on the level of influence and control each PCBU has (see below).
- Agree on what control measures will be used to manage work risks and what other arrangements will be made to meet health and safety duties.
- Agree which PCBU is responsible for each task and document this. Make sure the right people are told.
- Check regularly that everyone is doing what they agreed and the control measures are working as expected.
Cooperate with each other
- Do what has been agreed so everyone can meet their health and safety duties.
- Do not get in the way or block others from meeting their health and safety duties.
Coordinate activities with each other
- Plan and organise work activities to make sure their health and safety duties are met.
When consulting with other PCBUs about the work and health and safety duties and risks, use the following questions to identify what work will be done and what the health and safety duties and risks are.
Find out about the work activities
- What will each PCBU do?
- How will they do it?
- Who will do it?
- When will they do it?
- Where will it be done?
- What plant (for example, equipment, tools, vehicles, PPE) or substances will be used?
- Will any plant (for example, scaffolding) be provided on-site for any PCBU to use?
- What information does one PCBU need to provide to another PCBU for health and safety purposes?
Find out how risks will be managed
- Will one PCBU’s work activities introduce or increase the health and safety risks to other PCBUs (and other people) at the workplace or down a contracting chain?
- What are the health and safety legislative requirements?
- How will these risks be eliminated or minimised? Who will do what?
- What other consultation or communication will be needed to monitor health and safety, or identify changes in the work or environment?
Find out how other HSWA duties will be met
- What facilities could be shared (for example toilets, first aid, break rooms)?
- How will PCBUs coordinate their emergency procedures?
- Who will notify the regulator if a notifiable event occurs?
- How will the PCBUs communicate with workers and others on-site (for example, joint site meetings, mobile phone app chats)?
- How will workers communicate with the PCBUs, and give input on health and safety matters?
End of text alternative.
Responsibilities depend on influence and control
A PCBU with the most influence and control is likely to be in the best position to deal with the matter.
Figure 5 shows how to work out the level of influence and control each PCBU has. The level of influence and control can change as the work progresses.
![[image] How PCBUs can have influence and control](/assets/Law-and-regulations/Changes-HSWA/image-how-pcbus-can-have-influence-control.png)
The image shows how to work out the level of influence and control each PCBU has. The level of influence and control can change as the work progresses.
The ways a PCBU can have influence or control
By managing or controlling the workplace
To identify which PCBU manages or controls the workplace, consider who controls:
- how a workplace is set up
- what happens at the workplace.
By managing or controlling fixtures, fittings, plant and structures at the workplace
To identify which PCBU manages or controls these aspects of the workplace, consider:
- Who provides the fixtures, fittings, machinery or structures?
- Who arranges the installation, maintenance or repairs?
By controlling the work activity
To identify which PCBU controls the work activity, consider who decides:
- what will happen
- when it will happen
- how it will happen.
By controlling workers
To identify which PCBU controls workers, consider who decides:
- which workers do what work activities
- when workers do the work.
End of text alternative.
PCBUs can work together to manage responsibilities, but they still have duties
Each PCBU is still responsible for meeting their own duties.
Duty holders may not transfer health and safety duties to others.
PCBUs of different sizes may enter into agreements or contracts that set out how they will work together.
These arrangements can require small PCBUs to cooperate on all relevant risks, provided that they do not limit or remove duties under HSWA.
For more information
For guidance about small and large PCBUs and critical risks, see:
- Am I a small or large PCBU?
- What is a critical risk?
- Managing critical risks for small PCBUs
- Prioritising critical risks for large PCBUs
For help with roles and responsibilities, see:
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