LinkSafe’s “Construction in Mining – Unpacking the WA WHS Regulations” webinar scheduled for Tuesday 22nd August will no longer be taking place, but never fear, it’s still going ahead!Alan Tait and I are preparing the perfect Podcast.Simply hit the link below, fill in your details and it will be sent directly to your inbox.What will be
Please join Harold Downes (gun contractor safety management lawyer) and myself for a free webinar on 12 July 2023 hosted by LinkSafe to unpack and clarify recent guidance issued by Safe Work Australia. Sadly the guidance over simplifies and confuses these principles in respect of contractor safety management. I strongly urge you to join us to ensure
A decision by the Full Bench of the Industrial Commission has shown a chink of light in the bleak landscape of prosecutions in NSW of Principal Contractors for incidents involving specialist contractors.Safework NSW had sought leave to appeal an IRC decision to revoke an improvement notice issued to a Principal Contractor, and internal review decision
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  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
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
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
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.
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
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
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
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
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.
ust the sound of all the acronyms used in safety makes me need a lie down and a bex. JSA, SWMS, SOP, WI, AFARP, ALARP, HAZOP, ICAM…… Not only is the use of acronyms effective at shutting “non-safety” people out of safety, they are usually used so loosely and exchangeably that they lose all meaning.
I usually find contractor management systems attempt to categorise contractors by ht level of risk they pose to the organizations hiring them. Whilst it can be helpful to flag contractors whom you may wish to have a higher degree of involvement with in terms of consulting with them about how they are going to manage
For 5 weeks I will be delivering a lecture series on contractor safety management at Federation Uni in Ballarat Victoria. The course starts on 26 July 2022 and I am really excited to be a part of bringing the safety profession along in this largely misunderstood area of law and safety practice. Thanks for the
Here are some pithy comments from a very well-respected legal colleague on a position articulated by someone who should know better: “It is entirely illogical (if not plainly idiotic) to suggest that on one hand a PCBU should be able to rely on the expertise of a contractor in relation to work which the PCBU
On 25-26 May 2022, the Melbourne Convention and Exhibition Centre will host Australia’s biggest and brightest minds in health and safety for the Workplace Health & Safety Show 2022 (that includes me!). My session titled “Baiada 10 Years On” will look at what has changed in the contractor safety management space since this landmark case.