Unintended Consequences Contractor Arrangements. The LHLA intends to protect workers from being exploited by Labour Hire Providers and hosts. Under the Act an LHP provides labour to perform work in and as part of a business or undertaking of the host. Work specifically includes (but is not limited to) cleaning, meat work and horticulture. Owner … Read more
A recent decision by the NSW Workers Compensation Commission in respect of a widows entitlement to workers compensation for her deceased husband has again considered the issue of when a worker will be considered a contractor vs an employee. However what is important about this case is not so much the indicia of when a … Read more
Here are key indices to consider when deciding if a person you employ is a contractor vs an employee. Thanks to Workplace Bulletin You do or can control and direct the way contracted work is performed. The worker can perform work for others. The worker has a separate place of work and can advertise their … Read more
Principle Contractors (lets call them PC group 1) often tell me (and I see when reviewing contractor management systems) that they issue independent contractors with permits to work to undertake work. To be clear permits to work under WOHS regulations are a risk management process to manage high risk tasks to confirm that prescribed risk … Read more
Safety professionals and legal experts often exhort Officers to “do a walk around” to get familiar with safety hazards in their organisation and demonstrate due diligence. I have been present when these “walk arounds” occur. The workers shake hands with the boss, the boss diligently wears their PPE and asks interested questions about what is … Read more
The Workplace Health and Safety Show will be in Sydney soon (22 – 23 May 2019). I am presenting and will be covering clarification of liability for contractor safety and how to develop and structure a best practice contractor management process. See you there. Register at www.whsshow.com.au
My relationship with LinkSafe means they provide the only software solution for contractor management that correctly reflects the legal requirements of the Heavy Vehicle National Law and will into the future as I closely monitor the reforms. Stop your the headaches and be totally reassured that you have both the IT and legal back up … Read more
It is great to see the NHVR consulting with the transport industry on the proposed HVNL reforms but where is the WHS input, Safe Work Australia, Safety Institute of Australia and state regulators. Input from those who have worked under the WHS legal regime which is predicated on reasonable practicability is vital to get this … Read more
I am running another webinar to help combat the ongoing misinformation around the National Heavy Vehicle Law and Chain of Responsibility. Please register if you really want to understand in the simplest terms how it all works. I will also be discussing the proposed overhaul of the HVNL to align it with the legal principles … Read more
The truck related crash on the Murray Valley Highway over the weekend which devastated a family, will no doubt see the changes to the National Heavy Vehicle Law (NHVL), which came into effect on 1 October 2018, put to the test. As a result of those changes, all parties in the chain of responsibility need … Read more