An employer whose employees regularly assist an independent contractor's operations at the employer's own premises has a non-delegable duty to inform itself of the risks involved and to take reasonable steps to ensure employee safety, even where the dangerous equipment belongs to the contractor. The employer cannot rely on ignorance of specific risks where the slightest inquiry would have revealed them. For motor accidents purposes, equipment that is necessarily rendered unstable during its intended use (here, perimeter frames that must be unsecured during unloading) constitutes a 'defect in the vehicle' under s 3 of the Motor Accidents Compensation Act 1999, distinguishable from Allianz v GSF where the defective mechanism was not in use. For s 151Z(2) calculations, the court can assess the degree of permanent impairment under WorkCover Guidelines without the Part 7 medical assessment machinery, which is unavailable where the worker has not sued the employer.
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