A head contractor on a multi-trade construction site owes a duty of care to employees of sub-contractors derived from its co-ordinating role, and this duty is not displaced by contractual provisions allocating specific tasks (such as dewatering) to the sub-contractor. The duty requires the head contractor to take reasonable steps to ensure the site is safe before authorising the commencement of work, including by inspecting the premises and ensuring adequate equipment is available. The Court was divided on whether reg 73(2) of the Construction Safety Regulations imposes a statutory duty on a head contractor that does not physically carry out the relevant construction work but has a supervisory and co-ordinating role.
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