#52427
Austman
Flatchatter

    I am happy to be proved wrong if someone can come up with a definitive answer.

    As your link states, an OC must “engage any worker as an employee” else it is exempt from WHS legislation.

    While it’s possible for an OC to engage a worker as an employee, AFAIK it’s rare. Engaging a worker as an employee means deducting taxes, paying superannuation, supplying leave allowances etc.  None of my OCs, including the ones that have on-site building managers, do that.  They engage the worker as a contractor.

    It’s the contractors or their actual employers that must ensure that the workplace meets the WHS requirements for the work they are doing.