ARTICLE · 13 MAY 2012

The Pilbara Infrastructure and Baiada Poultry cases: Implications on harmonised WHS laws

DLA Piper Australia

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Both cases impose a duty to ensure the safety of employees and contractor's employees so far as reasonably practicable.

AustraliaEmployment and HR

David Paton

DLA Piper recently represented Fortescue Metals Group Limited (FMG) and its wholly owned subsidiary, The Pilbara Infrastructure Pty Ltd (TPI), in the Supreme Court of Western Australia in an appeal by WorkSafe WA against the acquittal of FMG and TPI on 18 charges of contravention of the Occupational Safety and Health Act 1984 (WA) (OSH Act), having also represented FMG in its successful defence of the charges at trial in the Magistrates Court of WA. In an important decision, the Supreme Court dismissed WorkSafe's appeal and confirmed the extent of the duty on principals to ensure the safety of contractor's employees in situations where a principal is relying on a contractor's expertise.

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