In Queensland a contractor is a “worker” under section 7 of the Work Health and Safety Act 2011 (Qld), so the business that engages one owes it a safety duty, shares that duty with the contractor’s own business, and cannot hand it over by contract. Manage contractors by checking competence, sharing hazards, inducting, agreeing who controls what, and supervising.
This guide is for any Queensland business that brings in contractors. For construction projects, see principal contractor duties, and for scope, schedules and communication see working alongside contractors.
Is a contractor a “worker” or a business?
Both, usually. Section 7(1) of the Act says a person is a worker if they carry out work in any capacity for a person conducting a business or undertaking (PCBU), and the list includes “a contractor or subcontractor” and “an employee of a contractor or subcontractor”. Section 7(3) adds that an individual PCBU who carries out work in their own business is also a worker.
The contractor’s business is also its own PCBU (section 5), with its own duties. The approved Work Health and Safety Consultation, Cooperation and Coordination Code of Practice 2021 (Qld) gives the example of a company contracted to maintain lifts, which “has a duty to ensure its workers and other persons are not put at risk from work carried out as part of its business”. Not sure whether you are a PCBU? See what is a PCBU.
What the law says you owe contractors
- The primary duty (section 19). A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers “engaged, or caused to be engaged by the person” and workers “whose activities in carrying out work are influenced or directed by the person”, while they are at work in the business or undertaking (section 19(1)). It must also ensure the health and safety of other persons is not put at risk from the work (section 19(2)). Section 19(3) includes safe systems of work and the information, training, instruction or supervision necessary to protect all persons.
- Management or control of the workplace (section 20). If your business manages or controls the place where the contractor works, you must ensure, so far as is reasonably practicable, that the workplace, the way in and out, and anything arising from it are without risks to the health and safety of any person (section 20(2)).
- Shared duties (section 16). More than one person can have the same duty. Each must comply to the standard the Act requires even if another duty holder has the same duty, and each must discharge its duty to the extent it can influence and control the matter (section 16(2) and (3)).
- No handing over (sections 14 and 272). A duty cannot be transferred to another person (section 14), and a term of a contract that purports to exclude, limit or modify a duty under the Act, or to transfer it, is void (section 272). A clause saying “the contractor is responsible for safety” does not remove your duty, although the approved code says you may achieve the outcome by making sure another person is doing the task.
- Consult, cooperate and coordinate (section 46). Where more than one person has a duty for the same matter, each must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all the others.
- Contractors’ own duties (sections 28 and 29). A worker must take reasonable care for their own safety and not harm others, and comply, so far as reasonably able, with reasonable instructions from the PCBU. Other persons at a workplace have similar duties.
Section 18 of the Act sets out what is “reasonably practicable”, which keeps the duties proportionate to the risk.
A step-by-step process for managing contractors
The Act does not set out a “contractor management procedure”. These steps are a practical way to meet the duties above. Where a step rests on a provision we cite it; the rest is common practice, not law.
1. Decide the work and the hazards
Write down what the contractor will do, where, and what plant, substances or high-risk activities are involved. Section 34 of the Work Health and Safety Regulation 2011 (Qld) requires a duty holder, in managing risks, to identify reasonably foreseeable hazards, and section 35 requires eliminating risks so far as is reasonably practicable and otherwise minimising them. Think also about what your own operations could do to the contractor, such as forklift traffic or live equipment.
2. Check competence and any licences the law requires
Ask for evidence of relevant experience and their own safety documents (common practice). Some work does need an authorisation:
- Section 81 of the Work Health and Safety Regulation 2011 (Qld) says a person must not carry out a class of high risk work unless they hold a high risk work licence for that class (with limited exceptions in section 82), and section 43(2) of the Act says a PCBU must not direct or allow a worker to carry out work that a regulation requires to be done by an authorised person if they are not authorised.
- The Electrical Safety Act 2002 (Qld), section 55, says a person must not perform or supervise electrical work unless they hold an electrical work licence that authorises the work (with listed exceptions). Section 56 says a person must not conduct a business that includes electrical work without an electrical contractor licence, and treats contracting for electrical work as doing so unless it is intended to be subcontracted to a licensed electrical contractor authorised for it. So check that the business you hire holds one.
Sight the licence, check it covers the work, and note the expiry date. Insurance and workers’ compensation are outside this guide.
3. Share hazards and site rules
The approved consultation code suggests asking: what activities will each of us be doing, which workers are involved, what plant or substances will each use, could the activities of others add hazards, and what information does the other duty holder need. The code says consultation should start during the planning of the work.
4. Induct before work starts
Section 19(3)(f) of the Act covers the information, training, instruction or supervision necessary to protect all persons. Section 39 of the Regulation says information, training and instruction provided to a worker must be suitable and adequate having regard to the work, the risks and the control measures, and be given, so far as is reasonably practicable, in a way that is readily understandable. A PCBU at a workplace must also ensure an emergency plan is prepared for it (section 43 of the Regulation). A short induction might include:
- who is in charge and how to reach them;
- hazards in the work area, exclusion areas and traffic routes;
- emergency, first aid and evacuation arrangements;
- how to report hazards, injuries and near misses;
- sign-in rules, permits and any PPE you require.
Record who was inducted and when. For construction work, section 316 of the Regulation also requires general construction induction training in the circumstances it sets out.
5. Agree who controls what
Split the controls so nothing falls in a gap. The approved code says coordination means identifying when and how each control measure is to be implemented and ensuring the measures complement each other. PPE is a useful test: where it is used to minimise a risk, section 44(2) of the Regulation says the PCBU who directs the carrying out of work must provide it to workers at the workplace unless another PCBU has provided it, so agree who supplies what. The code says written arrangements are not essential but may help, and suggests a contract term requiring the other party to consult, cooperate and coordinate on safety.
6. Supervise and review
Check the work matches what you agreed, especially when the job changes. Section 38 of the Regulation requires a duty holder to review and, as necessary, revise control measures, including before a change at the workplace that is likely to give rise to a new or different risk. The code describes cooperation and coordination as an ongoing process.
7. Close out
At the end, sign off the job, collect any records, and note what went well or badly for next time.
What to ask for: safe work method statements
For high risk construction work, section 299(1) of the Regulation requires a PCBU that includes carrying out such work to ensure, before the work starts, that a safe work method statement (SWMS) is prepared or has already been prepared by another person. In connection with a construction project, section 301 requires a copy to be given to the principal contractor before the work starts. For other jobs, whether you ask for a job safety analysis, safe work procedure or risk assessment is generally a matter of your own policy and the risks involved, unless a specific provision applies (for example the confined space entry permit in section 67). Our guide to high risk construction work explains what counts, and our free SWMS template is a starting point.
Made-up example
This example is invented. A small joinery business in Brisbane hires an electrician to wire a new machine. The owner notes the forklift route past the machine (step 1), sights the electrician’s licence (step 2), and tells him about the route, the isolation point and the alarm (steps 3 and 4). They agree she will barricade the area and he will isolate the supply and bring his own PPE (step 5). She checks in at midday, and when he needs the barricade moved they agree a new layout first (step 6). Afterwards she files the job record and licence details (step 7).
One-page contractor checklist
| Stage | What to check or agree | Record |
|---|---|---|
| Before engaging | Scope, hazards, and whether the work needs a licence or a SWMS | Job brief |
| Competence | Licence sighted and covers the work; experience; their safety documents | Licence number and expiry |
| Hazards shared | Your hazards, their hazards, who else is working nearby | Notes of the talk |
| Induction | Site rules, emergency plan, reporting, PPE, contacts | Signed induction record |
| Who controls what | Barriers, isolations, permits, PPE, equipment, supervision | Written agreement or email |
| During the job | Work matches the plan; changes discussed first; incidents shared | Daily check or diary |
| Close-out | Area handed back safely; issues noted; contractor reviewed | Sign-off and file note |
Templates and records
If you want a starting point to adapt to your own business, our Consultation, Communication & Training Policy Template and Visitor Policy Template help you set your rules in writing, and the free Employee Training Register helps you keep training records.
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
Templates for this job
Ready-to-edit Word and Excel templates for Queensland workplaces.
