An employer who sends employees to work at premises controlled by third parties is not necessarily required to devise specific safety instructions addressing every possible hazard at those premises, particularly where the employer has no knowledge of the specific hazard, the employee is experienced and aware of the general danger, and the same operation has been conducted safely for many years. The right to contribution under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) does not extend to costs where the contributing tortfeasor would not have been ordered to pay the plaintiff's costs had the plaintiff sued the contributing tortfeasor directly, distinguishing James Hardie v Wyong Shire Council. The question whether s 28 of the OHS Act 2000 (NSW) restricts civil liability for breach of statutory duty under s 32 was left open.
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