SafeWork NSW v J & CG Constructions Pty Limited – [2020] NSWDC 614 A Good Clarification of PC Duties for Site Risks but Not Quite Right on SWMS.

A Judge has confirmed that a Principle Contractor has obligations to manage the risk of falls from heights when a formworker fell 6 metres from a second floor, due to a void in scaffolding.
The Judge observed that it is often the case that a sub-contractor is found to be more culpable than a principal contractor on a construction site …. due to the fact that the contractor is often a specialised contractor and there is (sic) reduced opportunity for a principal contractor to take effective action where there is a casual act by the contractor in breach of a duty imposed by the Act. However the PC was culpable for the injury to the contractor as the risk was posed by an exposed edge which was a risk known to the PC and was within the control of and the responsibility of the PC to manage as part of site safety management. Agreed!
However I must respectfully disagree with the observation that the PC failed to monitor that the contractor complied with their own SWMS, which is a position repeatedly rejected by the High Court. See Stevens v Brodribb Sawmill HC 1986 and others at