Safety is a significant part of all construction
projects. Questions often arise over the nature of the various
duties owed in relation to safety and whether such duties are
delegable. Another key consideration is the effect of the various
contractual relationships on safety and the duties owed. These
issues were considered in the recent case of Transfield
Services (Australia) v Hall; Hall v QBE Insurance (Australia)
[2008] NSWCA 294.
The Facts
In 2002, Mr Hall was employed by the Royal Australian Navy as a
member of the Reserve Service. He worked as a facilitator and
maintainer at a physical fitness facility at HMAS Stirling in
Western Australia. There was a ropes course at the facility on
which participants carried out various physical activities. Mr Hall
was responsible for conducting periodic safety inspections of the
ropes course. On one of these inspections, the rope broke, causing
Mr Hall to fall a height of 10 metres and sustain significant
injuries.
