A mine operator (or other entity controlling a system of work) that provides plant with a known design deficiency in access systems breaches its duty of care if it merely instructs workers to take care, rather than taking structural precautions such as retrofitting compliant access systems. Conformity with common industry practice does not establish absence of negligence where Australian Standards and industry guidelines require a higher standard. A 'no evidence' point on practicability of precautions cannot be raised for the first time on appeal where it could have been met by further evidence at trial.
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