The questions to ask…

Not “where are your SWMS?” but “what high-risk construction work is being undertaken? How are the risks being controlled?” and lastly, “have you written this up in a SWMS?” The management of HRCW is the purpose of the regs not the production of SWMS.

Farrell v SA Construct Pty Ltd, Brother Hu Pty Ltd [2024] SAET 104 (20 November 2024) – Time to move on

A subcontractor, SA Construct and a labour hire provider Brother Hu, have both been fined after a labour-hire worker fell through a skylight when working on a roof. SA Construct, hired by Principal Contractor Sarah Constructions to remove tiles on a roof, prepared a SWMS before work commenced, which did not identify the risk of falling … Read more

Diona v SafeWork NSW – Bang!

A recent decision by the NSW Industrial Relations Commission sheds some much-needed light on the extent of a Principal Contractor’s duty to supervise contractor compliance with SWMS. The PC, Diona, hired subcontractor Cahill to lay pipe, which involved the HRCW task of working near mobile plant. Cahill had prepared a SWMS, which Diona reviewed and … Read more

Music To My Ears!

Safe Work Australia has released a case study in its WHS Principles series that provides clear and accurate guidance on the WHS duties owed by PCBU who are supplying and hiring labour hire workers. Finally! guidance that clearly confirms that a PCBU’s duties only extend to the matters over which they have management and control/ … Read more

CHASNZ Webinar

I am really looking forward to chatting with our friends across the ditch (NZ) about prequalification of contractors and unpacking what is it good for and how to keep it efficient and effective. Register here for the webinar: https://chasnz.org/events/  

Serious Incidents Involving Contractors – Are You Ready?

How you respond and how well you are set up to respond following a serious incident involving contractors can be the difference between a prosecution or not. How you engage with your contractors after a serious incident can be the difference between blaming and ignorance or openness and learning. Join me and Joel Zyngier from … Read more

Short Notice but Don’t Miss It

Free Webinar – Tuesday 30th January @ 1pm AEDT – Unpacking the 4 Principles of WHS Safe work Australia Guidance Again! In November 2023 Safe Work Australia issued a case study ostensibly to further explain and provide assistance to understanding the 4 Principles of WHS guidance previously issued in May 2023. Sadly, the guidance continues … Read more