Why We Ask These Questions:
To clarify who holds legal and WHS responsibilities at each site.
- If a subcontractor runs a branch, you must verify they comply with all your safety, CoR and insurance standards; otherwise your business may still be held responsible.
What It’s Based On:
- Work Health and Safety Regulations 2011 (Cth) r 39 – obligation to provide information, training and instruction to all workers and ensure contractors are inducted and competent.
- Heavy Vehicle National Law ch 6 – CoR duties extend to any party (including subcontractors) in control of heavy-vehicle operations.
- Model WHS Regulation r 53 – duty to investigate and record incidents, including those involving subcontractors.
- AFRA Code of Conduct cl 7 – requires members to ensure contractors and subcontractors meet CoR, WHS and insurance requirements.
What We’re Looking For:
Question | Why It Matters | What You Need to Show |
Is this branch run by a subcontractor? | Determines who is directly responsible for safety, CoR and insurance compliance at this location. | Subcontractor agreement for the branch showing scope of work, responsibility clauses, and evidence of their induction, CoR training and insurance verification. |