Clause 5

It shall be the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure that any contractor engaged by the principal on or after the date of commencement of section 5 of the Workplace Safety and Health (Amendment) Act 2011 —

has the necessary expertise to carry out the work for which the contractor is engaged by the principal to do; and

has taken adequate safety and health measures in respect of any machinery, equipment, plant, article or process used, or to be used, by the contractor or any employee employed by the contractor.(2) The duty imposed on every principal under subsection (1)(a) includes ascertaining that the contractor engaged by the principal and any employee of the contractor —

have sufficient experience and training to carry out the work for which the contractor is engaged by the principal to do; and

have obtained any necessary licence, permit, certificate or any other document in order to carry out the work for which the contractor is engaged by the principal to do.(3) The duty imposed on every principal under subsection (1)(b) includes ascertaining that the contractor engaged by the principal —

has conducted a risk assessment in relation to the safety and health risks posed to any person who may be affected by the work for which the contractor is engaged by the principal to do; and

has informed any person who may be affected by the work for which the contractor is engaged by the principal to do of the nature of the risk involved in the work and any measure or safe work procedure which is implemented at the workplace.(4) In any proceedings for an offence under this section, it shall not be a defence for the principal to prove that he has taken, so far as is reasonably practicable, such measures as are necessary to ensure compliance with this section solely by providing directly or indirectly, by a term in a contract with his contractor, that the contractor has complied with or will comply with the requirements referred to in paragraph (a) or (b) of subsection (1).(5) In this section, “risk assessment” means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measure for risk control.(6) Nothing in section 14 limits the duty of a principal under this section.”.