section 34 of HSWA(external link)
More than one PCBU can have a duty in relation to the same matter. These PCBUs have overlapping duties – this means that the duties are shared between them.
![[Image] illustration of two overlapping PCBU circles with overlapping duties in the center](/assets/Topic/Construction/Roadside-GPG/image-roadside-gpg-appendix-4.jpg)
Duties regularly overlap:
- in a shared workplace (for example, a building site or a port) where more than one business has control and influence over the work on site.
- in a contracting chain, where contractors and subcontractors provide services to a head contractor or client and do not necessarily share the same workplace.
A PCBU must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other PCBUs they share duties with so that all PCBUs can meet their joint responsibilities.
A PCBU cannot transfer or contract out of their duties, or pass liability to another person.
However a PCBU can make an agreement with another PCBU to fulfil specific duties. Even if this occurs, all PCBUs are still responsible for meeting their legal duties.
Example
A local hotel contracts out housekeeping services to an agency. The hotel and agency both have a duty to ensure the health and safety of the housekeeping workers, so far as is reasonably practicable. This includes the duty to provide first aid facilities.
The agency reaches an agreement with the hotel – if their workers need first aid while working at the hotel they can use the hotel’s first aid facilities.
For more information, see our guidance Overlapping duties
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