Labour Hire Company Fined for Sending Unqualified Site Inspector
Some companies think that by simply sending someone to inspect safety at a host client site, they are meeting their WHS legal obligations.
This is a grave mistake.
Speedie Staff Solutions, a labour hire company, was penalised for sending an ‘unqualified’ recruiter to conduct site safety visits. The labour hire company must now pay 20% of an injured worker’s $1.6 million damages order.
According to NSW Supreme Court Acting Justice Michael Elkaim, Speedie had recognised that its staff were involved in ‘heavy work’ and had a ‘degree of control’ over its workers.
What happened?
In 2012, Speedie sent a worker to work for JNC Group, the host client. The worker was working on the NBN rollout when he suffered a disc prolapse after tripping over a hose. He subsequently submitted a damages claim.
What did JNC do wrong?
JNC had provided insufficient documentation to prove that the worker received appropriate training. Further, JNC’s MD accepted that the way the worker operated was ‘unsafe’ and that the hose was a trip hazard.
What did Speedie do wrong?
The Speedie recruitment officer said she would visit the host sites monthly to ensure workers were happy and see if they had any complaints. She did not have any health and safety qualifications and did not know much about machinery. The recruitment officer stressed that Speedie relied upon the host worker for the daily safety of its workers.
“Sending out a person without the experience and qualifications to recognise the absence of a safe system of work is in itself a failure to take precautions.”
— Acting Justice Michael Elkaim
PCBUs have a Joint Responsibility to Cooperate and Coordinate
Both JNC and Speedie were deemed negligent with 80% and 20% liability, respectively.
“[The recruitment officer] said she would have taken action if she saw any unsafe practices. That [Speedie] sent out unqualified persons is as much a measure of its failings.”
— Acting Justice Michael Elkaim
Acting Justic Elkaim rejected that the worker negligently contributed to his injury.
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