The Law of Imputation and Industrial Manslaughter

There seems to be some confusion that the principal of imputation of conduct will extend the reach of the Industrial Manslaughter legislation to employees and others e.g. those with management and control of a workplace (supervisors) This is incorrect. Imputing the conduct of a worker to a company means that the company is held to … Read more

KMQ Decision – Read Very Carefully

A recent decision by the Victorian Supreme Court refusing leave to appeal by a quarry (KMQ) against a conviction for a contractors death does not undermine the 2012 Baiada v The Queen High Court decision or extend liability for management of risks arising from a contractors work to Principal Contractors. It actually baffles my as … Read more

ContractorLIFE – Episode 2

In this episode Mary the Maintenance Manager and Peter the Perfect Plumber grapple with contractor induction without much success….. Enjoy! View Here  

ContractorLIFE – Episode 1

For the First webinar of the Four Pillars of Contractor Safety Management Series – Contractor Prequalification I made a little video. …. Enjoy ! Don’t forget you can still enrol for the workshops here or AIHS.org.au View Here

Imitation is the Highest Form of Flattery

A linkedin connection recently sent me a link to a webinar they attended conducted by a very large online OHS software company in conjunction with a very large OHS consulting firm. The content was based on 4 elements of contractor management …. mmm eerily familiar. Sadly that’s where the similarity ended as the content was … Read more

Lets See Where This Goes

The CFMMEU has launched legal action in the Federal Court alleging that the failure to provide a copy of a documented worksite safety management plan amounted to obstructing or hindering an Authorised Representative of a Registered Employee Organisation (ARREO). Now ,on entry an ARREO has the power to inspect plant, substance or any other thing … Read more

Increasing Awareness of COR – ABC 774 Interview

While listening to ABC 774 today I heard a discussion of the horrific accident involving a heavy vehicle which resulted in the tragic deaths of four police officers. During the discussion a caller commented that there needs to be a way to prevent heavy vehicle drivers from being pressured into taking drugs to stay awake. … Read more

The 4 Pillars of Contractor Safety Management

I presented a webinar yesterday in conjunction with the Australian Institute of Health and Safety setting out the simplest and most effective formula for managing contractor safety. It improves safety, massively reduces administration and correctly reflects how the law is applied to the contractor/ PC relationship. The framework uses 4 pillars to 1 – Prequalify … Read more

NSW R v Sapform – A Problematic Decision

In NSW a contractor was fined $450K following the death of a sub contractor who fell when laying suspended form work and was impaled on protruding bars. Whilst I have no difficulty with the site PC being held responsible for managing work at heights at the site. I am concerned that the Contractor was held … Read more

The Myth of Non- Delegable WHS Duties

Whenever I post about contractor safety management someone inevitably pipes in that all WHS duties are non-delegable and therefore a Principal Contractor is liable for their contractors safety management. This is a myth (for a couple of reasons) and misunderstands the WHS Construction regulations in every jurisdiction. Under ALL WHS regulation the owner of a … Read more