Facts
Mr Kuhl was employed by Transfield Constructions Pty Limited
('Transfield') to clean reactor grid
floors at a plant owned by BHP Billiton. His duties required him to
use a special vacuum to remove iron waste material.
Transfield had contracted with WOMA (Australia) Pty Limited
('WOMA') to provide the vacuum truck, the
hose and other equipment relevant to the vacuuming system. At the
relevant time Hydrosweep Pty Limited
('Hydrosweep') had supplied avacuum truck
and two operators to WOMA for use at WOMA's discretion.
On 19 November 1999, Mr Kuhl injured his left arm when it was
sucked into a hose after the hose was passed to him by Mr
Kelleher,an employee of Hydrosweep that had been provided to WOMA
for their use. It was not entirely clear how Mr Kuhl's arm
actually became caught in the hose, but it was accepted that the
vacuum was on.
