27th November 2024
Contractor Safety Management in Education – Meeting Safety Obligations through Facilities Management
Like any other business, schools operate complex systems with numerous safety risks. These risks are often heightened due to the presence of children. Engaging specialist contractors is essential for ensuring schools are safe for students, staff, and visitors. Among these contractors, perhaps the most crucial is the facilities manager.
The era of internal maintenance departments in most schools has largely passed, replaced by sophisticated facilities management firms. These firms are experts in maintaining safe and well-functioning facilities.
A common question arises: Can a school rely on a contracted facilities manager to meet its health and safety legal compliance obligations?
While the duty of an employer to ensure a safe workplace cannot be delegated, case law confirms that a duty holder under health and safety legislation can meet its obligations by engaging specialist contractors to address safety matters outside their expertise.
In Kirwin v The Pilbara Infrastructure Pty Ltd [2012] WASC 99, the Supreme Court examined whether reliance on the expertise of others was sufficient to discharge duties under health and safety legislation. The court also considered whether the duty holder had done all that was reasonably practicable to eliminate or reduce risks of harm.
The Court observed:
"Whilst the respondents could not delegate or contract out of their duties, they could perform them by ensuring that an appropriately experienced and qualified person was retained to deal with matters beyond their own knowledge and ability.”
In another case, a Melbourne school was fined $140,000 after a groundskeeper employed by the school died after being struck by a tree. Following sentencing, WorkSafe Victoria noted that the school should have engaged an expert tree removal contractor to perform the work, reinforcing that schools are entitled to—and should—use specialist contractors to ensure complex tasks are performed safely.
But does a school have an obligation to supervise facility managers in their work and monitor the safety arrangements they implement?
While schools must proactively identify hazards and take steps, including engaging specialist contractors, to control risks, once work is assigned to a competent and expert contractor, the school does not retain an obligation to supervise the contractor or manage the risks associated with their work.
As the High Court stated in Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35:
"Once an activity has been organised and its operation is in the hands of independent contractors, liability for negligence by them within their responsibility is not borne vicariously by the principal contractor."
Thus, it is evident that engaging specialist contractors, such as facilities managers, is a practical and lawful method for schools to ensure workplace safety and compliance with health and safety obligations.
Sue Bottrell, Director of ContractorSAFE