Overlapping Duties - Explained

It's harvest season.

Contractor's are operating heavy machinery.

A transport company is loading grain trucks.

Seasonal workers are moving between different work areas.

Everyone's focused on getting the job done, but who's making sure everyone gets home safely? 

Safety isn't just "your problem" or "their problem"

It isn't always something you can point to and say, "That's Bob's job".

When multiple businesses work together on the same site, overlapping duties kick in - think of them as shared safety responsibilities that can't be escaped. 

Here's what that looks like in practice: 

You can't contract your way out of your duties

That's the hard truth.

Hiring qualified contractors doesn’t take you “off the hook.”
Every party retains its own legal duties, and each can be held liable.

While the business with the greatest control often carries primary accountability - for example, a major processor coordinating with thousands of producers and transporters - responsibility is always shared.

Because they’re working together, they’re all in it together.

Under Australian and New Zealand law, each of these parties is a PCBU (Person Conducting a Business or Undertaking).

Am I a PCBU?

Yes - if you operate as any of the following:

✓ A supply-chain agribusiness: Processors/buyers share responsibilities when their operation intersects with a producer or contractor

✓ A farmer: Big or small, all farmers have a duty to protect workers, contractors, and visitors.

✓ A contractor: Every contractor is a PCBU. Transporters, feed drivers, fencing crews, electricians, harvest teams.

✓ A labour hire company: Both the labour company and the host farm have a duty to workers. 

What are my responsibilities?  

The law expects you to share the load sensibly based on who controls what.

• A contractor might control their machinery and work methods
• A farmer might control the work environment.  

The example below highlights how each party manages and supports with risk:

WorkSafe's 'Three C's' 

With overlapping duties, success comes down to three essential actions.

Consult ~ Exchange information before work starts, not after

The farmer warns about aggressive livestock or unstable ground; the contractor explains their lock-out procedures. A quick site walk-through, a phone call, daily check-ins - whatever it takes to ensure no one's left in the dark about hazards that could bite them. 

Cooperate ~ Good intentions aren't enough - you need to act in good faith

If you agree the contractor pauses during milking to avoid vehicle conflicts, don't pressure them to work through it later. When the contractor discovers asbestos in your old shed, they notify you immediately rather than treating it as "not my problem." Everyone's goal is aligned - no one wants injuries.

Coordinate ~ Poor coordination injures people... or worse

Contractors spraying while workers are unexpectedly nearby, or crews working blind to each other's movements. Plan timing and sequencing, establish clear boundaries, and ensure everyone knows who's responsible for what. Simple tools work: morning briefings, digital sign-in registers, WhatsApp groups.

8 steps to help manage overlapping duties 

Putting the three Cs into practice, this is a practical framework for producers, contractors, and agribusinesses to help meet their shared responsibilities.

1. Identify who’s involved. Start every project by asking: Who else has a stake in this work? List all PCBUs - farm owners, contractors, labour hire firms, suppliers, equipment hire companies, even neighbouring farms if work crosses boundaries. Early identification prevents blind spots and ensures everyone is included in safety conversations.
   
   
2. Plan before work begins. Hold a pre-start discussion, whether face-to-face or over email. Cover hazards, controls, supervision, emergency procedures, and responsibilities. For example, if crop spraying is planned, agree on PPE, exclusion zones, communication methods, and weather checks. Document the plan, even briefly, so each party has a record.
   
   
3. Induct and share information. Every visitor or worker should receive a clear briefing on hazards, rules, and emergency protocols. Don’t assume contractors will just “work it out.” Likewise, contractors should explain any risks they bring onsite. Use digital check-ins like Onside for record-keeping but always supplement with a personal briefing for high-risk jobs. Where language barriers exist, provide translations or visual aids.
   
   
4. Clarify roles and control. Overlaps cause problems when no one knows who was responsible. Be explicit: who supplies the harnesses, who manages barricades, who controls site-wide emergencies. Nominate a lead PCBU for each area of risk so workers know who has the final say. Clarity reduces confusion and accidents.
   
   
5. Keep communication flowing. Farming conditions shift quickly. Build in regular updates - daily check-ins, WhatsApp groups, or two-way radios - so new hazards are shared immediately. If livestock movements, weather changes, or equipment faults arise, everyone can adapt together.
   
   
6. Monitor and document. Verify that agreed controls are actually in place and keep records of inductions, hazard alerts, and toolbox talks. Oversight demonstrates due diligence and strengthens compliance.
   
   
7. Use technology. Digital contractor management tools like Onside streamline inductions, hazard alerts, approvals, and record-keeping. These systems provide real-time visibility of who’s on site and create a reliable audit trail for regulators.
   
   
8. Prepare for emergencies together. Decide in advance how to raise alarms, contact emergency services, and evacuate safely. Share equipment, communication channels, and post-incident lessons.