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.
Western Australian District Court Judge Troy Sweeney has confirmed the importance of clearly delineating the work of contractors and coordination of that work by a Principal Contractor and confirms that a Principal Contractor is not responsible for directing the methods of work of those contractors. The case is very very long but very very good
In a recent case, two employers, a Principal Contractor and a Contractor, were fined after a worker was killed when operating a pile driver. Why was the Principal Contractor prosecuted and fined I ask? As usual, the Principal Contractor got themselves involved in the work methods of the contractor When pile driving the contractor’s worker
I was helping a client out today explaining the health directives requiring covid 19 vaccinations to attend work and thought I would share it. To confirm no State in Australia has legislated to mandate covid 19 vaccinations (or in fact any vaccination) i.e. if you are working from home and have no contact with others
“The contention that a Principal Contractor is responsible for the methods of work employed by an independent contractor, including their management of safety in respect of that work is one of the greatest health and safety myths of all time. Sue Bottrell Lawyer/ Chartered OHS Professional
I was recently asked to comment on the proposed regulation of the management of psychological harm in HROnline. See the article below. Enjoy! Worker’s comp claim could open the floodgates for remote staff to claim psychological injury – HRM online
Please see my comments regarding the tragedy that is MT Sheds, following the sentencing of the owner and Director yesterday. Employer receives jail time for workplace death – HRM online
In sentencing a company that caused the death of a worker when a precast panel fell on him, the Judge was particularly scathing of the failure of the Principal Contractor to prepare and implement an adequate SWMS. The Judge observed that “A safe work method statement had been compiled, but it was not taken to
In a fantastic workshop yesterday in Melbourne, there was a great discussion about contractor safety at hazardous worksites. In line with case law, Principal Contractors at hazardous work sites are entitled to rely upon contractors to manage risks arising from their work, BUT must take greater care to confirm that contractors are aware of site