A principal contractor does not owe a duty of care to an employee of its subcontractor in respect of a system of work where the work takes place on premises controlled by a third party, the principal does not control the subcontractor's activities, the system of work was not devised by the principal, and the injury does not arise from a failure to coordinate subcontractors' activities. A contractual obligation between the head contractor and the principal to establish occupational health and safety guidelines for subcontractors does not, without more, create a duty of care owed by the principal to employees of the subcontractor.
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