Nicholson v Pymble No 1 (Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (no 2)  NSWIRComm 151) is not strictly speaking a contractor safety management case. However, it does involve a contracting relationship, but more importantly, it builds on the issues of “control” that we looked at in the last presentations.
Pymble had engaged a contractor to carry out construction work at the premises, and there were a number of allegations that the construction site was unsafe. Mr Molinara was a director of Pymble and lived in South Australia.
Pymble and Molinara were effectively charged on the basis that they were both (relevantly) “persons” with control of a premises being used by people as a place of work, and they failed to ensure that the premises were safe and without risk to health.
The case turned on whether Pymble and/or Molinara had relevant control.
You can see a short video presentation about the case here.
One thought on “Contractor safety management series Part 3: Nicholson v Pymble No 1”
Thanks Greg again opens up the thought process around contractors and how you need to have a very clear understanding at the start as to what a contractor is and what they do. I have a few examples in the past where the contractor grey areas have added to the complexity of the contractors work. It also reminds me that life as a contractor must be confusing at times because each principle has a different view on contract management and would at times be confusing to a contractor to deliver works with so many variations.