This document provides information on managing health and safety when working with contractors. It defines key terms like "person conducting a business or undertaking" and "worker". It outlines the primary health and safety duties of a PCBU to ensure the safety of contractors. It also discusses categories of contractors and provides a flow chart for contractor management that includes steps like specifying health and safety requirements in contracts, evaluating tenders, maintaining a contractor register, conducting inductions, and monitoring contractor performance. The document aims to help organizations understand their health and safety obligations when engaging external contractors.

2. Presenters
 Craig Thornton
 Chief Marketing Officer, Mango Limited
 craig@mangolive.com
 New Zealand
 +64 29 377 5444
 @mangolimited
 LinkedIn
 Blog – www.mangolive.com

3. Presenters
 Laurie O’Donoghue
 Managing Director, Total Safety Services
and Queensland Training Services
 laurie@qldtraining.com.au
 Australia
 +61 427 100 454
 www.qldtraining.com.au

4. Who are we?
Queensland Training Services Pty Ltd is a registered training organisation based in Cairns,
Australia offering nationally accredited courses and competencies across a range of industries.
QTS has a reputation of providing prompt, professional service, using qualified, experienced
consultants and trainers to deliver up-to-date, industry standard training and advice.
 BSB41412 Certificate IV in Work Health and Safety
 BSB51312 Diploma of Work Health and Safety
 10213NAT Functioning as a Work Health & Safety Advisor
 Fire Safety Advisor
 Health and Safety Representative training
 WHS for Managers and Supervisors
 WHS for Business Owners & CEO’s
 WHS for Committee Members
 Risk Management training
 Incident Investigation training
 Hazardous Substances training
Qualifications in Business and Training and Assessment.
Short courses in confined space entry, working at heights, asbestos removal, test and tag,
traffic management, emergency warden, construction induction and many others.
www.qldtraining.com.au

5. Who are we?
Total Safety Services was established in 2002 and assists clients with compliance through
systems, process development and management, risk audits, site and system audits and
training.
Total Safety Services provides clients with professional health and safety consulting at
competitive prices without compromising quality. TSS is able to provide consultancy
services to assist organisations in the management of health and safety issues.
 Development of health and safety procedures and systems
 Development of workplace health and safety manuals
 Conduct health and safety inspections
 Conduct and facilitate risk assessments
 System and compliance auditing
 General consultancy
 Quality systems
 Health and safety systems
 Integrated management systems
 Environmental systems
 Work method statements
 WHS Management Systems / Construction Safety Plans
 Audits in systems, compliance and general workplace safety
www.totalsafety.com.au

6. Presentation Topics
 Definitions applicable to contractors
 Health and safety duties to contractors
 Management of contractors and their workers
 Evaluation of capabilities
 Ensuring provision of information, training and
instruction
 Monitoring of work
 Management of non compliance

7. Terminology
 Person conducting a business or
undertaking (PCBU)
 Worker

8. Person conducting a business or
undertaking
A person conducting a business or undertaking
alone or with others, whether or not for profit
or gain. A PCBU can be a :
 Sole Trader (for example a self employed
person);
 a Partnership;
 Company;
 unincorporated association; or
 Government department or public authority.
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9. Worker
A person is a worker if the person carries out work in any
capacity for a PCBU, including work as:
 an employee
 a contractor or subcontractor
 an employee of a contractor or subcontractor
 an employee of a labour hire company
 an outworker
 an apprentice or trainee
 a student on work experience or undertaking a work
trial
 a volunteer
 a person of a prescribed class.
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10. Contractors
 A Contractor may be defined as an organisation (or individual) who
contracts with a person conducting a business or undertaking to provide
materials and/or labour to perform a service or do a job.
 A Subcontractor may be defined as a contractor who contracts to perform
part or all of a service or job of another contractor’s contract.
Health and safety legislation assigns contractors the role of workers
when they are carrying out works, and treats them as PCBU’s when they
are directing their own workers.

11. Health and Safety – Duties
PCBU – Primary duties
 All PCBU’s have a primary duty of care to ensure, so far as
is reasonably practicable the health and safety:
 of workers at work in the business or undertaking
 of workers whose activities are influenced or directed by the
PCBU whilst carrying out the work
 of other persons is not put at risk from work carried out as
part of the conduct of the business or undertaking
 A self-employed PCBU must also ensure, so far as is
reasonably practicable, his or her own health and safety
while at work
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12. Health and Safety – Duties
PCBU with management or control of
workplace
must ensure, so far as reasonable practicable that
 the workplace;
 the means of entering and exiting the workplace; and
 anything arising from the workplace
are without risks to the health and safety of any person
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13. Services
These services may include:
 Outsourced work functions i.e. cleaning
 Labour hire workers
 Capital works, such as construction
 Occasional work, such as repairs
 Any combination of these

14. Primary Duty of Care
Health and safety legislation imposes a
primary duty of care on persons
conducting a business or undertaking
(PCBU) to ensure, as far as reasonably
practicable, the health and safety of all
who work in or for their organisation.

15. Duty of Care – A Matter of Control
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 PCBU owes a duty to contractors in
the same way as employees but only
in relation to matters over which it
has control
 Determined by circumstances and
work being performed

16. Duty of Care – A Matter of Control
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 Contractual control –
 Contract provides instruction and direction as to how
work / activity is performed.
 Practical control
 Whilst no contract PCBU has “practical control” to
instruct and direct
 Specialist contractors / occupations
 Contactors engaged for their specialist skills (e.g.
asbestos removal, electrical).
 PCBU still retains duty for those issues over which it
has contractual or practical control (e.g. licenced,
safe work method statement).

17. Consultation
Consultation with contractors can ensure all their
practices and procedures comply with health and
safety legislation.
Part of the primary duty of a PCBU who engages
contractors is to ensure the contractor is fully
compliant with the legislation.

18. Contractor Management
Organisations can expose themselves to
liability if they do not have adequate policies
and procedures in place to identify and
manage contractors.

19. Contractor categories
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A. Principal contractor or similar
B. Contractor has own acceptable WHSMS
C. Same as ‘B’ but does not have acceptable
WHSMS
D. Minor and low risk work

20. Contractor WHSMS
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WHSMS should be
 Robust (based on appropriate standard
 Suit the type of contractor, activities being
undertaken and level of risk.

21. Contractor Management Flow Chart
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22. Step 1 – Contract / Tender specification (1)
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 general organisation WHS requirements
 legislative compliance
 responsibilities of parties
 any contractual requirement to develop and submit a
WHS management plan or system
 the standard of documentation suitable for WHS
requirements and management arrangements
 risk assessment and work procedures

23. Step 1 – Contract / Tender specification (2)
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 evaluation of the potential impact the contractor
activities may impose on the workforce and members of
the public
 site specific WHS requirements, hazards or high risk
activities
 training, qualifications and experience – including
verification that the contractor is engaging workers with
suitable qualifications/competencies to perform any high
risk activities
 supervision
 how WHS requirements are to be monitored
 other general conditions

24. Step 2 –Tender Evaluation and Awarding of
Contract
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 Use checklist to ensure items required in tender have been
addressed.
 Ensure that where required project specific documents have been
supplied

25. Contractor Register & Agreements
Identifying services by contractors in a register and creating
other relevant documentation can assist health and safety
advisors to effectively manage health and safety
arrangements with contractors and the services they
provide.

26. Step 4 – Contract Management
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 Induction
 Supervision
 Monitoring
 Improvement of Contractor WHS Performance
 Review and Evaluation

27. Summary
 Definitions/terminology
 PCBU
 Worker
 Duties
 Consultation
 Categories
 Contractor - Flow chart

28. Questions