A principal contractor's duty of care to the employee of a subcontractor is delegable and can be discharged by engaging a competent contractor. Where an employee of a subcontractor reports operational difficulties to the principal but does not indicate that the difficulty gives rise to a safety issue, a reasonable person in the principal's position is not required to perceive a 'not insignificant' risk of injury warranting precautions beyond arranging repairs. The relevant risk of harm under s 5B of the Civil Liability Act 2002 (NSW) should be defined by reference to the immediate cause of the injury, not broadly.
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