Share on LinkedInShare on LinkedIn

ARTICLE · 31 MAY 2022

Contractor compliance: Your business and managing third-party risk

Holding Redlich
Holding Redlich
Contributor
Holding Redlich

Holding Redlich

Holding Redlich is a large national commercial firm with offices in Melbourne, Canberra, Sydney,...

View firm profile
Explore more from Holding Redlich

If you should reasonably notice obvious maintenance risks, or any other CoR aspect, you are required to do something about it.

AustraliaTransport

There seems to be ongoing uncertainty over what is required under the primary safety duty in any particular circumstance. So, do you have a duty to inspect and confirm the maintenance of vehicles of your contractors? Generally, those that do not own or operate vehicles do not need to start checking under the bonnet or carrying out dipstick tests. However, if you should reasonably notice obvious risks associated with maintenance, or indeed any other Chain of Responsibility (CoR) aspect, you are required to do something about it.

For example, a business operates a facility from which its goods are consigned by truck and observes that the vehicle supplied is obviously (i.e. to a reasonable observer) unroadworthy, and that the driver does not at all restrain the load before departing. It observes the same thing the next day, and the next. Is the business 'ensuring so far as reasonably practicable the safety of its transport activities' including ensuring that

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

See more popular content from