A case that has attracted nearly $1 million in combined penalties is being used by regulators as a reminder that PCBUs cannot treat contractors as someone else’s safety problem — and that the duty to consult, cooperate and coordinate is not a procedural tick-box but a substantive obligation that courts are prepared to enforce with serious financial consequences.
The prosecution, brought by SafeWork NSW, centred on a contractor who suffered serious entanglement injuries at a worksite. The court found that the PCBU had failed in its duty to consult with the contractor about the hazards and risks present — a failure that was causally connected to the worker’s injuries.
Under the model WHS Act, where multiple PCBUs share a duty, each must consult, cooperate and coordinate with the others to the extent they are dealing with the same matter. The duty is not discharged simply by having a contractor management policy, or by assuming the contractor’s own employer has the situation under control.
The court imposed penalties totalling close to $1 million across the parties involved.
SafeWork NSW used the outcome to issue a broader reminder to businesses: if a contractor is performing work that falls within your management or control, you have a duty to that person. That duty includes identifying hazards, sharing relevant information, and coordinating with the contractor’s employer to manage the risks.
Entanglement injuries — typically caused by unguarded or inadequately guarded plant and machinery — remain among the most serious and preventable categories of workplace injury recorded by Australian regulators each year.
