A principal contractor does not owe a duty of care to an employee of a subcontractor in respect of the safety of work methods where the subcontractor is competent, the site foreman has not assumed responsibility to supervise the system of work (as distinct from directing what tasks to perform), and the foreman does not know the worker intends to use equipment dangerously. The employer's non-delegable duty of care is not discharged by the employer's reliance on the principal contractor's obligations. Under the amended s 15(3) of the Civil Liability Act 2002 (NSW), both the six-hour-per-week and six-consecutive-month thresholds must be satisfied concurrently for an award of damages for gratuitous attendant care services.
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