The harmonised WHS legislation has to capture contractors and subcontractors. A recent finding by the NSW Court of Appeal has found that a Principal can owe a duty of care to a subcontractor if they have control of the “system of work”. In simple terms, if you advise the contractor how to do the task then a duty of care is owed.
This finding has emphasised the intent of the Harmonised WHS legislation, which has broadened the obligations of business owners, via the concept of PCBUs. Getting contractor engagement and supervision right has never been more important.
For more information on contractor management, contact RiskTech.