Occupational Health & Safety - Head contractor´s obligations are not delegable

Fox v Leighton Contractors Pty Limited Ors [2008] NSWCA23 Court Of Appeal NSW

Giles, McColl and Basten JJA

Occupational Health & Safety Negligence Contributory Negligence Contribution between Tortfeasors Duty of Care of Principal Contractor to Sub-Contractors Building & Construction Work Duty of Principal Contractor to Maintain a Safe Workplace Duty to take Reasonable Care to ensure safety of Sub-Contractor Whether Non-Delegable Duty Failure to ensure Sub-Contractor underwent Safety Induction Training Extent of Direct Supervision of Sub-Contractors

In Brief

The decision confirms the obligation of a principal contractor to provide a reasonable level of safety for sub-contractors entering onto a building site. The obligation to ensure that induction training is provided should properly be seen as a part of a principal contractor's general law duty of care to sub-contractors and others coming