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In the case a bricklayer working for a subcontractor on the Perth Stadium construction project suffered serious injuries when he single-handedly began to remove two overhead steel purlins that were in the way when he was building a wall. One of the discussions in the case was the extent to which the principal should have provided training to the subcontractor about workplace health and safety hazards associated with the work. In that context, the court observed: Pursuant to its contract, NeoWest had autonomy in how it was to complete the works and it was the appropriate body to provide the training and induction within its specialised area and to specify the methods to be used in performing the tasks required of its workers. It would not have been reasonably practicable, or indeed wise, for the first defendant to impinge on NeoWest's training and induction of its own employees as to the proper and safe method of completing the works within its scope of works and area of expertise and specialised knowledge, possibly to override or even contradict that training and induction. Each individual trade's expertise and specialist knowledge was the very reason why the first defendant engaged subcontractors to perform the various works in the first place, rather than complete them itself.60 This limited (although still very onerous) obligation is consistent with a social approach to managing wicked problems. As I argue later in the book, you cannot solve wicked problems β we cannot solve safety. All we can do is βtameβ the problem of safety β do the best we can.
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Greg Smith (Proving Safety: wicked problems, legal risk management and the tyranny of metrics)