Engaging Contractors

Information sourced from WorkSafe website.
Contractors may be individuals or businesses. Contractors, their subcontractors, and their employees are classed as the workers of the lead contracting PCBU.

Contract types may include:

  1. projects (such as construction, installation or upgrade work)
  2. maintenance and repair activities
  3. service and cleaning contracts.
    PCBUs that work together will often share health and safety duties in relation to the same matter. These are called overlapping duties. PCBUs have a duty to consult, cooperate with and coordinate activities with all other PCBUs they share overlapping duties with, so far as is reasonably practicable. If You’re Self-Employed
    If a self-employed person is working for another PCBU (for example, a self- employed welder who is contracted by a labour hire company), they both share duties as a PCBU. If the self-employed person decides how their own work is done and creates and controls risks, they are considered to have the ability to influence or control the matter. However, if a self-employed person is working for another PCBU, and the PCBU decides what they do, and how and when they do it, then that PCBU is considered to have the ability to influence or control the matter.
    How Can You Work Out If You Share Health And Safety Duties With Other PCBU’s?
    PCBUs that work together, either in a shared workplace or in a contracting chain, will often share health and safety duties in relation to the same matter.
    Shared workplace
    This is where several different contractors are working in the same place, such as a construction site, shopping centre or port. They will not usually share contractual relationships with each other. More than one contractor may control or influence the work onsite. Example: A concert venue is an example of a shared workplace. There are usually multiple PCBUs, including contractors and subcontractors, working at the venue before, during and after a concert. Although the PCBUs carry out different jobs, they all share health and safety duties. Contracting Chain
    This is where several different contractors are all working together on the same project, although not necessarily in the same workplace. Usually, one PCBU will have the most influence and control over the work. These contractors need to enter into reasonable arrangements with each other to make sure that everyone’s health and safety duties are met.
    Example: A Hawkes Bay winemaker contracts a harvesting company to harvest grapes from a Blenheim-based vineyard and transport them to the winemaker’s Hawkes Bay plant. The harvesting company sub-contracts a trucking company to pick up the grapes once they are harvested and transport them to the Hawkes Bay plant.

Even though the winemaker, the harvesting company and the trucking company don’t share the same workplace, they still have to work together to meet all their health and safety duties.

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