A number of people have contacted me asking for my views on the recent decision by the NSW District Court – SafeWork NSW v Parrish Group NSW Pty Ltd [2023] NSWDC 13 and asking whether I think the decision undermines precedent law confirming the right of a PC to rely on an independent contractor to … Read more
I am running the next LinkSafe Legal Professional Development Webinar on 22 March 2023. The session will focus on unpacking critical terms within WHS legislation that define the extent of obligations owed to and by contractors in respect of safety. It is critical to have a clear understanding of these terms as they essentially drive … Read more
There is a funny quirk in the WHS Mines Regulations that requires a mine to obtain, assess and accept a contractor safety management plan prior to the contractor undertaking work at the mine. Mmmm so how does this work in the context of the position upheld by the High Court that it is not reasonably … Read more
A QLD Magistrate recently handed down a decision that may cause some angst, but careful reading of the factual matrix is important to avoid misunderstanding the impact of the decision. A cleaning contractor employed two “sub-contractors”. One of the “sub-contractors” walked across a roof, while ignoring a metal walkway, and fell resulting in serious injuries. … Read more
The “new” WHS Mining Regulations are creating some consternation particularly in respect of the management of contractor safety. However, the picture is not so very bleak, and the regulations are a good news story, if you understand what they actually require. I am speaking at the “Contractor Management under WA’s new Work Health and Safety … Read more
The contractor in the Arkwood matter has been fined a paltry $15 k for failing to ensure (and in fact proactively encouraging) an unqualified truck driver to operate a crane that struck overhead powerlines and seriously injured two workers. In addition, the contractor failed to comply with his own safe work method statement which emphasised … Read more
In the NSW District Court, a contractor has been found guilty and fined $600K for injuries sustained when labour hire workers were lifted to height in an excavator bucket. Apex Building Systems (Principal Contractor) hired an independent contractor, Greater Civil, to undertake demolition work. Labour hire workers to assist Greater Civil were supplied by Astute … Read more
See my latest podcast with Lawyers Weekly talking about the importance of getting the right advice about safety, and particularly contractor safety management. It was a lot of fun. Thanks for the opportunity.
The High Court has confirmed that where a risk to health and safety is obvious and foreseeable an employer must take proactive steps to reduce that risk. Uh how is this news and why on earth was the case appealed by the employer (a State Government department) all the way to the High Court. It … Read more
I am pretty sure banks do not consider occupational violence risks when they set up their processes to deal with customers on the phone. Customer service officers bear the brunt of customers being put on hold for extended periods of time, then being redirected or even being told to hang up and call another number. … Read more