Overlapping Duties Between PCBUs

Did you know?

Under the Health and Safety at Work Act 2015 (HSWA) in New Zealand, overlapping duties between PCBUs (Persons Conducting a Business or Undertaking) are central to managing health and safety in workplaces where multiple parties are involved. These duties ensure no gaps arise when different businesses share the same worksite or activities. Here’s how those overlapping duties are shared and managed:

1. Shared responsibility for the same work

   When two or more PCBUs are involved in the same work or activity, they share responsibility for managing health and safety. Each PCBU must consult, cooperate and coordinate with the others to eliminate or minimise risks so far as is reasonably practicable.

2. Consultation and communication

   PCBUs are expected to openly consult with one another on health and safety matters that relate to their shared activities. This includes exchanging information on hazards, risks and controls and making sure work activities are aligned to avoid creating or compounding risks.

3. Cooperation and coordination

   Effective cooperation and coordination are critical. This might involve jointly planning work processes, synchronising timing of high-risk tasks or establishing shared procedures for managing emergencies or confined spaces.

4. Allocation of responsibilities

   Although duties may overlap, each PCBU should clearly define and agree on who is responsible for what. This avoids confusion and ensures risks are actively managed in areas under each PCBU’s control.

5. Contractual arrangements

   When one PCBU engages another, i.e. a contractor or subcontractor, contracts should clearly outline health and safety responsibilities. However, legal duties under HSWA cannot be delegated away, so the engaging PCBU still has obligations to monitor and verify health and safety performance.

6. Consultation with workers

   Each PCBU must consult their own workers and, where relevant, workers from other PCBUs affected by shared activities. This ensures workers have a voice in how risks are managed and that their practical insights are factored into planning and decision-making.

7. Overall accountability

   Each PCBU remains accountable for the health and safety of its own workers and others influenced by its work. That said, genuine collaboration between PCBUs is essential to managing overlapping risks effectively.

By actively recognising and managing overlapping duties, PCBUs can build safer, more resilient workplaces. The key lies in clear communication, shared understanding and a commitment to working together to protect everyone involved.