Your duty doesn't stop at your workers
The HSWA recognises four kinds of duty holder — PCBUs, officers, workers, and other persons at workplaces. A PCBU's primary duty of care includes making sure, so far as is reasonably practicable, that other people are not put at risk by its work: visitors, customers, passers-by, neighbours and the public. Those other persons also have their own duty to take reasonable care and follow reasonable instructions.
Other persons at a workplace are people who are not workers or officers — visitors, customers, members of the public, passers-by, and workers of another business who happen to be present. Casual volunteers are also treated as other persons. The PCBU's primary duty of care requires it to ensure, so far as is reasonably practicable, that these people are not put at risk by its work or by anything arising from the workplace.
A PCBU who manages or controls a workplace must ensure, so far as is reasonably practicable, that the workplace, its entry and exit, and anything arising from it are without risk to any person — not just workers. PCBUs must give other persons an appropriate and proportionate level of health and safety information and protection: think site inductions for visitors, supervision by an authorised worker, clear signage, PPE where needed, and emergency plans that account for visitors. What is required scales with the risk and with how much influence and control the PCBU has over it.
The duty runs both ways. Under section 46 of the HSWA, other persons at a workplace must take reasonable care for their own health and safety, take reasonable care that their acts or omissions do not adversely affect others, and comply, so far as they are reasonably able, with reasonable instructions given by the PCBU — for example wearing required PPE or following site rules.
Where several businesses share a workplace, each PCBU's work can affect the others' workers and visitors, so they must consult, co-operate and co-ordinate their health and safety responsibilities. For the practical side of managing people coming on site, see visitor management; for the foundation, see the primary duty of care.
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Anyone who is not a worker or officer — visitors, customers, members of the public, passers-by, and workers of another business present at the site. Casual volunteers are also treated as other persons.
Its primary duty of care requires it to ensure, so far as is reasonably practicable, that other people are not put at risk by its work or by anything arising from the workplace, and to give them an appropriate, proportionate level of information and protection.
Yes. Under section 46 of the HSWA they must take reasonable care for their own and others' safety and comply, so far as they are reasonably able, with reasonable instructions from the PCBU, such as wearing PPE or following site rules.
The duty is the legal obligation owed to anyone affected by the work. Visitor management is the practical system — inductions, sign-in, supervision and site rules — that helps you meet that duty.
Where businesses share a workplace, each PCBU's work can affect the others' people, so they must consult, co-operate and co-ordinate their health and safety responsibilities.
