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In two recent cases, WorkSafe has successfully prosecuted PCBUs on multi-PCBU worksites for failing to meet duties to contractors and sub contractors, including where contractor workers were not treated the same in terms of health and safety protection as employees.

These cases reinforce the duties owed to contractors and subcontractors of a PCBU as being the same as for employees, including in terms of necessary safe systems of work and health and safety expectations, and overlapping duties between PCBUs.

Per the Health and Safety at Work Act 2015 and following guidance from WorkSafe, a lead contractor usually has the most influence and control over the workplace and is to predominantly act as the site manager.

Message for Employers

Now is a good time to revisit current health and safety management plans, policies and procedures to ensure these are current for industry best practice especially where your workplace involves multiple PCBUs, with training for managers, officers and workers responsible for the practical implementation of these.

If you have any questions about your health and safety obligations, one of our friendly team can assist.

Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.