Case Reports

Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35 (2 September 2009)

The High Court recently determined that a principal contractor was not negligent for failing to provide occupational health and safety (OHS) induction training to subcontractors, one of whom was severely injured while carrying out concreting works: Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35 (2 September 2009).

Held, allowing the appeal (5:0) per French CJ, Gummow, Hayne, Heydon and Bell JJ:

(i) There was no reason in principle to impose a duty having this scope on a principal contractor. The principal contractor was unlikely to possess detailed knowledge of safe work methods across the spectrum of trades involved in construction work.  Also, a duty to provide training in the safe method of carrying out the contractor's specialised task was inconsistent with maintenance of the distinction that the common law drew between the obligations of employers to their employees and of principals to independent contractors.

(ii) The contract between the principal and the company did not impose on the company a duty of care requiring it to provide work activity based OHS induction training to independent contractors coming onto the site.