A builder/head contractor does not owe a duty of care to the employee of a subcontractor of an independent contractor in respect of the safety of a public road used to access the building site. Even if such a duty existed, it may be discharged by engaging competent specialist contractors to design and implement the system of work. Regulation 73(2) of the Construction Safety Regulations 1950 (NSW), requiring safe means of access, is confined to entrance to or egress from the work site itself and does not extend to public roads leading to the site. Codes of Practice under the OHS Act do not create new common law duties.
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