Part 6.4: WHS Principal Contractor Duties

Regulatory citation: Model Work Health and Safety Regulations, Part 6.1, Regulations 292 and 293, and Part 6.4, Additional duties of principal contractor, Regulations 307 to 315

What Is a Principal Contractor?

Under the model Work Health and Safety Regulations, a construction project is a project involving construction work where the cost of the work is $250,000 or more. Every construction project has a principal contractor, and there can be only one at a time. The person who commissions the project is the principal contractor unless they appoint another PCBU to that role and give it authority to manage or control the workplace (Regulation 293).

Part 6.4 then adds duties on top of the principal contractor's general duties as a PCBU.

Why the Principal Contractor Role Matters

Large construction sites have many trades working side by side. Without one party coordinating safety, risks fall through the gaps. The principal contractor provides that coordination through a site plan, clear site rules and oversight of contractors' safe work method statements (SWMS).

Core Obligations

1. Display Principal Contractor Signage (Regulation 308)

Put up signs, clearly visible from outside the workplace, showing the principal contractor's name, a phone number that can be reached after hours, and the location of any site office.

2. Prepare a WHS Management Plan (Regulation 309)

Before work on the project starts, prepare a written WHS management plan. It must set out the names and roles of people with specific safety responsibilities, consultation and coordination arrangements, incident management, site-specific safety rules and how SWMS will be collected and reviewed.

3. Inform People About the Plan (Regulation 310)

Take all reasonable steps to make sure everyone working on the project knows the parts of the plan that apply to them and their right to inspect it.

4. Review and Revise the Plan (Regulation 311)

Keep the plan up to date as the project changes, and tell affected people about any revisions.

5. Obtain SWMS Before High Risk Work (Regulation 312)

Take all reasonable steps to obtain a copy of the SWMS for any high risk construction work before that work starts.

6. Keep the Plan (Regulation 313)

Keep a copy of the plan, including revisions, until the project is finished. If a notifiable incident occurs, keep it for at least two years after the incident.

7. Manage Site-Wide Risks (Regulations 314 and 315)

So far as is reasonably practicable, the principal contractor must put arrangements in place for site facilities, first aid, emergency plans, falls and falling objects, and other site-wide hazards. It must also manage risks from storing, moving and disposing of materials and waste, storing plant not in use, traffic near the site and essential services. Securing the site against unauthorized access is a separate duty under Regulation 298 for whoever manages or controls the workplace.

Common Compliance Approaches

Use a Site-Specific Plan

A company template can save time, but it must be tailored to the actual site, its access, neighbors, services and program.

Make SWMS a Gate Check

Require each subcontractor to submit SWMS before mobilizing, review them against the plan, and keep them on site for supervisors to check against how work is actually being done.

Example: Principal Contractor Duties in Practice

A developer engages a builder for a $4 million townhouse project and appoints it as principal contractor. Before excavation starts, the builder puts up gate signs with its after-hours number, issues a WHS management plan covering traffic, crane lifts and site rules, and refuses entry to the scaffolder until its SWMS has been received and reviewed.

Related regulations: WHS SWMS for high risk construction work, WHS construction induction (white card), HSE CDM 2015.

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only take effect when a state or territory adopts them through its own legislation. All jurisdictions except Victoria have done so, with Western Australia adopting them from 31 March 2022, and some include local variations. Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Can there be two principal contractors on one project?

No. There can be only one principal contractor for a construction project at any one time.

Who is the principal contractor if the client does not appoint one?

The PCBU that commissioned the construction project is the principal contractor by default. To shift the role, it must appoint another PCBU and give it authority to manage or control the workplace.

What if the project costs less than $250,000?

It is not a construction project for Part 6.4, so these extra duties do not apply. General WHS duties, SWMS for high risk construction work and white card rules still do.