Articles

Articles

Happy Friday

“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

Read More »

Contractor Safety Management on Hazardous Sites

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

Read More »

Contractor Safety Management – The Pendulum Swings…

Now that we are all in agreement that contractors are responsible for managing their own safety, and Principle Contractors are not responsible for directing and supervising contractors work, and in fact doing so may increase the liability of a PC in the event of an incident, I am being asked: “If I see a contractor

Read More »

A Weekend Teaser – Are Safety Management Systems Dead?

o many times we see “safety” activity done in the name of maintaining accreditation to a safety management system. The “System” is the end not the tool anymore. Clients tell me “but we need to do it for our auditor”. The tail wagging the dog I think. Ask yourself how much of your “system” ends

Read More »

Read The Label

I am very very very concerned at the false advertising of events being held by so called safety and risk management specialists. I recently looked at a session being held by an online safety management company. The speaker is a “risk management specialist”. When I looked at his qualifications and experience, his entire career was

Read More »

SWMS – A Nice Template

I am just preparing a workshop looking at the preparation of Safe Work Method Statements and have come across a template from SafeWork NSW and it is very nice. It directs the focus to high risk construction work, identifying the risks arising from the HRCW, and succinctly recording what you intend to do about it.

Read More »

Contractor Management in the Gig Economy

Uber has announced changes to its contract with Food Delivery Riders (FDR), to ensure that FDR’s are clearly independent contractors, and responsible for managing their own health and safety. While we might be concerned at exploitation of FDR’s (yes we have all seen them puffing away in the pouring rain), the law supports Uber’s position.

Read More »

See you in 2021

At the end of a complex year take sometime. we are fortunate to have full professional lives with many challenges which is why we love it but stop, simplify and breathe. I plan to rock on my cabin verandah with my dog and not think about contractors for at least an hour.. See you in

Read More »

McConnell Dowell Constructors Here is the Problem.

NSW District Court Judge Russell has held that 1 – a Principal Contractor does not owe an obligation to direct a contractor in how it is to undertake its work, where it does not have the requisite skills or knowledge but 2 – it does have such a duty where it has knowledge of the

Read More »

Hotel Security Debacle – The Pain of Prequalification Without Any Benefit

A security firm engaged as part of the hotel quarantine program was prequalified by CM3, an extensive and complex online contractor prequalification program which requests extensive evidence of safety management, usually through supply of documentation in an attempt to confirm on the ground safety management. The quarantine outbreak calls into question the benefit of putting

Read More »

Seascape Construction – Possible Conviction in Error?

Recently it was reported that a Principal Contractor, Seascape Constructions, was convicted and fine $850K for 1 – failing to ensure the safety of persons other than it’s employee’s from risks arising from its undertaking when a contractor fell from a second floor and was killed and 2 – failing to issue SWMS to contractors

Read More »

Hotel Quarantine Contracts – What is Dan Really Responsible for?

In amongst the calls for rolling of heads and that Dan should have been standing at doors himself, it is critical to understand, at law, what Dan’s responsibilities really were. The case law is clear a Principal Contractor (aka Dan) is entitled to rely upon the expertise of contractors it engages to undertake specialist work.

Read More »