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Other Persons at the Workplace - WHS Duties

Who are "Other Persons"?​

Other persons are people at a workplace who are not workers of the PCBU. This includes:

  • Visitors to the workplace
  • Clients and customers
  • Delivery drivers
  • Members of the public near the workplace
  • Students on school visits
  • Contractors' visitors
  • Anyone else present at or near the workplace

Duties of Other Persons​

Under section 29 of the WHS Act, other persons at a workplace must:

1. Take Reasonable Care for Own Health and Safety​

Other persons must take reasonable care that their actions or omissions do not adversely affect their own health and safety.

Construction Examples:

  • A client visiting a construction site must wear the hard hat provided and stay in designated visitor areas
  • A delivery driver must park in designated areas away from active construction work
  • A member of the public must observe warning signs and not enter construction exclusion zones

2. Take Reasonable Care Not to Affect Others​

Other persons must take reasonable care that their actions or omissions do not adversely affect the health and safety of other persons.

Construction Examples:

  • A visitor must not distract crane operators or other workers performing critical tasks
  • A delivery driver must not create trip hazards by leaving equipment in walkways
  • Members of the public must not throw objects onto construction sites

3. Comply with Reasonable Instructions​

Other persons must comply, so far as they are reasonably able, with any reasonable instruction given by the PCBU.

Construction Examples:

  • Following site sign-in procedures
  • Wearing required PPE (hard hat, high-visibility vest, safety boots)
  • Staying within designated visitor areas
  • Following directions from site personnel
  • Participating in site evacuation if required

[!note] Reasonable Instructions Only Instructions must be reasonable in the circumstances. A construction site can require visitors to wear hard hats, but cannot require unnecessary or excessive controls.

PCBU Duties to Other Persons​

While other persons have duties, the PCBU has the primary duty to ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk by work carried out by the business.

PCBUs must:

  • Identify risks to other persons
  • Implement controls to protect other persons
  • Provide information about hazards
  • Provide necessary safety equipment (e.g., visitor PPE)
  • Supervise or escort other persons if necessary

Managing Visitors to Construction Sites​

Site Induction for Visitors​

PCBUs should provide:

  • Basic site safety information
  • Explanation of site hazards
  • Required PPE (hard hat, vest, boots)
  • Designated visitor routes and areas
  • Emergency procedures and assembly points

Induction can be brief for short visits but must cover essential safety information.

Controlling Visitor Access​

Construction sites should:

  • Clearly mark visitor entry points
  • Require sign-in/sign-out
  • Provide visitor PPE
  • Designate safe visitor routes avoiding high-risk work areas
  • Escort visitors in high-risk areas
  • Restrict access to active work zones

Construction Example - Site Signage: "Construction Site - Authorized Personnel Only" "All Visitors Report to Site Office" "Hard Hats, Safety Boots, and High-Visibility Clothing Required Beyond This Point"

High-Risk Areas​

For high-risk work areas (excavations, crane operations, demolition), PCBUs should:

  • Restrict visitor access completely, or
  • Provide escorts with appropriate expertise
  • Implement additional controls (barriers, exclusion zones)
  • Delay high-risk activities until visitors leave

Construction Example: During a concrete pour using a crane and skip, visitors should be excluded from the pour area or the pour should be paused while visitors are present.

Delivery Drivers​

Delivery drivers making deliveries to construction sites are "other persons" and have duties, but PCBUs also have duties to manage delivery safely.

PCBU Controls for Deliveries​

  • Designate safe delivery areas away from active work
  • Provide clear instructions about delivery procedures
  • Ensure drivers are inducted or provided safety information
  • Separate delivery areas from pedestrian traffic and active work
  • Provide traffic management if deliveries interact with site traffic

Delivery Driver Duties​

  • Follow site delivery procedures
  • Wear required PPE
  • Park only in designated areas
  • Report to site office if required
  • Not enter active work areas without authorization

Construction Example - Concrete Delivery: Concrete truck drivers entering a construction site must:

  • Report to site office and receive instruction about pour location
  • Wear hard hat and high-visibility vest
  • Follow designated vehicle routes
  • Park only in designated positions for pour
  • Follow instructions from concrete placement crew
  • Not leave the immediate vehicle area during pour

Members of the Public​

PCBUs must protect members of the public who may be affected by construction work.

Controls for Public Protection​

  • Hoarding and fencing around construction sites
  • Overhead protection where work is above public footpaths
  • Traffic management for work affecting roads and footpaths
  • Warning signs about construction activity
  • Exclusion zones preventing public access to dangerous areas
  • Noise and dust controls affecting nearby properties

Construction Example - Urban Construction: A construction site on a busy street requires:

  • Secure hoarding preventing public entry
  • Overhead protection (scaffold with sheeting) over public footpath
  • Pedestrian management around site access points
  • Warning signs about construction vehicles
  • Traffic controllers when site vehicles enter/exit
  • Controls to prevent debris falling onto public areas

Public Duties​

Members of the public must:

  • Observe warning signs and barriers
  • Not enter construction sites without authorization
  • Follow instructions from traffic controllers
  • Take reasonable care around construction work

[!warning] Trespassers While PCBUs must protect against foreseeable risks (including some trespassing), trespassers who deliberately enter restricted areas may reduce the PCBU's liability. However, PCBUs must still implement reasonable controls to prevent unauthorized access, especially where serious hazards exist.

Students and Educational Visits​

Students visiting construction sites for educational purposes are "other persons."

PCBU Responsibilities for Student Visits​

  • Conduct risk assessment for student visit
  • Provide age-appropriate safety information
  • Ensure adequate supervision (teachers and site personnel)
  • Provide appropriate PPE (including smaller sizes for children)
  • Restrict students to safe viewing areas
  • Brief supervising teachers about hazards and emergency procedures

Construction Example - School Visit: A construction company hosting a school visit must:

  • Ensure students remain in designated safe viewing areas
  • Provide appropriately sized hard hats and vests
  • Maintain high supervision ratios
  • Stop or pause high-risk activities during the visit
  • Brief teachers about site hazards and evacuation procedures
  • Ensure students remain with supervising adults at all times

Visitors in Emergencies​

During emergencies, other persons must be accounted for and evacuated.

PCBUs must:

  • Include visitors in emergency plans
  • Account for visitors during evacuations (via sign-in records)
  • Ensure visitors know emergency assembly points
  • Assign responsibility for guiding visitors during emergencies

Penalties for Non-Compliance​

Other persons who fail to comply with their duties can be prosecuted under WHS legislation.

Category 3 offence:

  • Fines up to $50,000 for individuals

Prosecution is rare but may occur for reckless or intentional conduct creating serious risks.

Example: A visitor who deliberately enters a construction exclusion zone and interferes with crane operations could be prosecuted for failing to take reasonable care not to adversely affect others.

Practical Application​

Scenario: Client Inspecting Construction Progress

PCBU (Construction Company) Duties:

  • Provide site induction covering hazards and safety rules
  • Provide hard hat, safety vest, and safety boots (or advise client to bring boots)
  • Designate safe route for site inspection
  • Assign site personnel to escort client
  • Pause high-risk activities during inspection if necessary
  • Ensure client signs in and out

Client (Other Person) Duties:

  • Attend site induction and follow instructions
  • Wear provided PPE
  • Stay with escort and follow designated routes
  • Not enter restricted areas
  • Comply with site evacuation if emergency occurs