Reilly v Devcon Australia Pty Ltd

(2008) 36 WAR 492; [2008] WASCA 84

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Occupational Health and Safety
2. › Deemed employer provisions
3. › Principal engaging contractor
4. › Control over matters affecting safety
5. › Whether principal had actual control over specific matter within specialist contractor's expertise
6. › Meaning of 'matters over which he has control'
7. › Occupational Safety and Health Act 1984 (WA), s 19(4)(a)
1. Occupational Health and Safety
2. › Employer's duty to provide safe working environment
3. › Meaning of 'practicable'
4. › Relevance of relative expertise of deemed employer and specialist contractor
5. › Whether practicable for principal lacking expertise to supervise specialist contractor's work
6. › Occupational Safety and Health Act 1984 (WA), ss 3(1), 19(1)
1. Statutory Interpretation
2. › Definitions
3. › Meaning of 'control' in occupational health and safety legislation
4. › Distinction between control of workplace and control of specific matters
5. › Occupational Safety and Health Act 1984 (WA), ss 19(4), 22(1)

Quick Take

Under s 19(4) of the Occupational Safety and Health Act 1984 (WA), 'control' means actual control over the particular matter affecting safety, not general control over the workplace. A principal who engages a specialist contractor is not thereby obliged to supervise the manner of the contractor's specialist work. When assessing whether it was 'practicable' for a deemed employer to avoid a hazard under s 19(1), the fact that the relevant expertise fell within the province of the specialist contractor and outside that of the deemed employer is a relevant consideration, and a deemed employer may discharge its duty by relying on the known expertise of the specialist contractor.