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Who's Responsible

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Did you know... the company and any individual involved in engaging subcontractors are responsible in the event that anything goes wrong?

 

Where does the responsibility lie?

  • Owners/Employers or Controllers (the person who does the hiring of the contractor) of the workplace are responsible for the safe work practices of their employees.
  • Contractors having received a work order/purchase order/verbal order, are deemed (by law) to be employees of the owner/employer or controller of the workplace for the period of time that they are employed by them.
  • The owner/employer/controller of the workplace/contractor or subcontractor is in all cases jointly and severally responsible under "OHS LAW".

And the implications of all this?

  • Individuals are subject to convictions with fines.
  • Individuals must pay the fine on their own without company support.
  • Companies are subject to convictions with fines.
  • PLUS, either an individual or Company director is subject to a jail term of up to two years.
  • There is no insurance available to manage the company's or individual's risk.

Can you prove that you have taken 'all reasonable steps'?

 

The company and any individual involved are considered guilty until each can prove they had taken… “all reasonable steps to assure safety”.

 

 

Get on top of your compliance today

 

Being compliant doesn't have to be difficult or time consuming. We can help you get on top of your compliance quickly and effectively. Call us on 02 8399 3464 or email us at info@mycontractor.com.au to find out how.
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