Recently, transport company Craig Arthur Pty Ltd faced financial repercussions after pleading guilty to an offence under section 46 of the Work Health and Safety Act 2011. Although understanding the Act can be complex, New South Lawyers' Work Health and Safety lawyer Lee Hooks discusses the extent of WHS and Third Party Premises in this blog post.
Facts of the matter
The tragic incident, which sadly led to the loss of life of one of the company's employees, resulted in Craig Arthur Pty Ltd being fined $45,000.Section 46 of the Act states that if more than one person has a duty in relation to the same matter, they must all cooperate and coordinate their activities so far as reasonably practicable. Failure to do so can result in financial penalties, the sum of $20,000 for an individual and $100,000 for a corporate body.The company failed to uphold its duty to coordinate activities with a third-party that held a level of control or influence over the loading and unloading operations at their site. Further investigation revealed that the company lacked a systematic process of consultation with other PCBUs (Persons Conducting a Business or Undertaking), which demonstrated an inability to uphold their duty of care to their driver.
How far dow WHS obligations extend?
This case is a stark reminder to all business owners that safety obligations extend beyond their immediate premises and encompass third-party sites. Above all, it underscores the necessity for employers to establish a robust system of consultation with all entities involved in their operations. Ultimately, the system should, amongst other things, monitor safety policies and procedures at different locations (for example construction sites) and evaluate potential risks to their employees' health and safety.
Want to know more?
Full details of the case can be found here. However, we also know that as an employer, understanding your obligations under the Act can be difficult.For this reason, if you are grappling with any WHS-related issues or need advice, we highly recommend seeking legal advice from our Work Health and Safety Lawyers.To discuss your WHS Law matter and find the best option for you, please contact our Work Health and Safety Law team on 02 9891 6388.
New South Lawyers’ communications are intended to provide commentary and general information. To that end, people should not rely on this communication as legal advice. Accordingly, they should seek formal legal advice for matters of interest arising from this communication.
To find out more, chat with a member of New South Lawyers' WHS Law Team today.
