An occupier's duty of care to an independent contractor does not extend to directing the contractor not to engage in voluntary activities outside the contractor's employment duties, unless the occupier has actual or constructive knowledge (through supervisory or managerial staff) that the contractor engages in those activities. Knowledge of non-supervisory employees cannot be imputed to the corporation for this purpose. An employer who fails to inspect a remote workplace breaches its non-delegable duty of care, but the breach is not causative if no reasonable inspection would have identified the risk that materialised.
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