Training Accountabilities and Managing Contractors

RECENT ARTICLE FROM NOEL ARNOLD & ASSOCIATES:

Principal Contractors have a Common Law duty of care to protect the health, welfare and safety of independent contractors. In brief, this duty of care includes: Reasonable care in employment of subcontractors/ independent contractors, ensuring they are competent to control their systems of work; duty to retain general supervision of work; and duty to define contractor’s respective areas of responsibility.

Training in Safe Work Methods for a specialised skill
A High Court decision in Leighton Contractors Pty Ltd v Brian Allan Fox; Calliden Insurance Ltd v Brian Allan Fox [2009] HCA 35 (2 September 2009), has helped to clarify the Common Law duty regarding training of subcontractors/ independent contractors. The findings in this case demonstrate that there is no Common Law duty requiring a Principal Contractor to provide a competent subcontractor/ independent contractor training in safe methods of carrying out the subcontractor’s specialised task.

What training needs to be provided to subcontractors/independent contractors?
A Principal Contractor may discharge its duty of care if it takes reasonable care to engage subcontractors/independent contractors who are competent to control their own systems of work. This may not apply in certain situations where the Principal Contractor directs and co-ordinates the independent contractor’s activities.

A Principal Contractor may not have to provide training for specialised areas of work performed by subcontractors, provided the subcontractor is competent and the activity is placed in their control.

In regards to statutory requirements for induction training, Principal Contractors must ensure OHS Induction training (construction work) is undertaken. They must comply also with the relevant State Act and Regulation requirement. Read more…

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