Whenever I present on duties owed under WHS legislation and how they apply to contractors and those who hire them, someone always asks, “But aren’t WHS duties non-delegable? “Regulators and Safe Work Australia always tell us that our duties under WHS legislation are non-delegable or non-transferable, including to contractors, but what does this actually mean and is it actually true? Is it a breach of the non-delegable duty principle to engage an independent contractor and rely on them to manage their safety risks without oversight?
The concept of non-delegable duties in the context of contractor safety management is a bit sticky, and I must admit it has had me scratching my head in the past. However, misunderstanding can lead to overblown contractor safety management processes and all the negative consequences that follow, including increased legal liability.
This session unpacks some critical case law that explains how the principles of non-delegation of WHS duties work and how reliance on contractors to manage risks arising from their work by a Principal Contractor is not a delegation of WHS obligations and is not barred by this principle.
Limited tickets are available. Register now to secure your place. A recording will be available for those who register but can’t make it on the day.