The recent decision in SafeWork NSW v Boral Cement Limited (No. 2) throws up so many issues concerning WHS duties of those who hire contractors, not the least of which is the confusion that is rife over principal contractor duties under WHS construction regulations and when they apply vs duties of those who use contractors in … Read more
We’re back and taking the magnifying glass to some interesting cases One in particular is an appeal to the South Australian Employment Tribunal by Dial A Tow which appears to extend the duties of end users of plant, essentially requiring a purchaser of plant to conduct its own risk assessment, even where that plant has been supplied … Read more
Yep 2025 is nearly over! In keeping with our practice of putting regulators and judicial decisions under the microscope, Sam Dekker (one of the brightest minds in contractor safety law) and I will be reviewing some of the tastiest contractor safety management cases handed down in 2024/2025. In our last webinar, being held at 2.30 p.m. … Read more
In this webinar, Alan Tait from Taits Consulting, a leading mining safety consultant, and I will outline a clear pathway to critical risk management in contractor safety management- The Golden Thread. We will look at how this approach aligns with regulatory obligations in mining regulations and general WHS regulations, and how to use the Golden … Read more
Recent court decisions in NSW Leichhardt and Bellbrae have raised new questions about what it truly means to be a Principal Contractor under WHS laws. These rulings point to a broader scope of responsibilities, yet the exact limits remain unclear. This raises a key question: Are these interpretations placing too much pressure on duty holders, … Read more
Nothing can beat face-to-face training, but it can be expensive and time-consuming, so we have developed the next best thing. We have developed six online learning modules to give as many people access to the Four Pillars Training. A single overview module setting out the law and a summary of the Four Pillars approach and … Read more
Ray Hassell was the voice of reason when he led the Statutory Compliance Division at the National Heavy Vehicle Regulator. He steered the ship through the 2018 HVNL changes calmly and rationally, despite being on rough seas. He is now consulting in this space and is an amazing resource to everyone in the Heavy Vehicle transport industry. … Read more
So often when discussing the responsibility of a principal contractor for contractor safety management the issue of a moral responsibility comes up. Safety is inextricably linked with ethics, and this often leads to the assumption that there is a moral duty to ensure contractor safety. Certainly, there is one when it comes to harm that … Read more
Whenever I present on duties owed under WHS legislation and how they apply to contractors and those who hire them, someone always asks, “But aren’t WHS duties non-delegable? “Regulators and Safe Work Australia always tell us that our duties under WHS legislation are non-delegable or non-transferable, including to contractors, but what does this actually mean … Read more