A head contractor who maintains scaffolding on a building site is bound by cl 6(1)(b) of the Construction Safety Regulations 1950 (NSW) to ensure the scaffolding complies with the Regulations, even where the scaffolding was erected and is to be dismantled by independent subcontractors. The word 'maintains' in cl 6(1)(b) encompasses both 'retaining in existence' and 'preserving in good order'. A party engaging a skilled and experienced subcontractor to dismantle scaffolding does not owe a common law duty to ensure the scaffolding is safe for dismantling where the subcontractor is aware of the risks and the task of making it safe is part of the subcontracted work.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.