In a recent decision, the South Australian Employment Court affirmed the obligation of PCBU/employers to include contractors in their safety management systems in respect of hazards at the workplace that may impact them.
In Miller v The State of South Australia & Ors [2025] SAET 119 Mr Millar was an electrician working at the Royal Adelaide Hospital. During that work, he was exposed to asbestos. The Court confirmed that he should have been provided with training in working with asbestos and PPE by RAH. The State was apportioned 80% of the liability in a $2.2 million settlement. The supplier of the asbestos-containing material was required to pay 40% of that liability.
I note the following comment highlighting the significant obligation of RAH for the safety of its contractors “The State (RAH) was better placed and resourced to take steps to safeguard tradespersons and labourers who worked at the RAH.” I also note the following comment, highlighting the vulnerability of contractors in general and the need to inform them of risks in the environments they are working. “The removal of asbestos from the RAH commenced before Mr Miller worked there, and measures were put in place to protect employees and internal contractors, but the health and safety of external contractors like Mr Miller was neglected over a long period.”