Wow, I feel like I’m back in law school. I’m not sure if I completely grasp the situation but I think I know what you’re driving at. As I see it, the Q is whether Company A has a duty to protect Company B to the extent the latter is working on its land and dealing with the structures and equipment that’s on it. In that situation, YES, Company A would have a duty to notify Company B of the hazards to which its workers would be exposed and require it to implement its, i.e., Company A’s safety procedures and policies or measures that provide at least equivalent protection. In other words, the OHS obligation stems not from being in control of the work (that’s a separate issue), but being the owner of the land. As owner, Company A must assess the hazards on the property and implement appropriate controls. It must also ensure that those who come onto the property and are exposed to the hazards are notified of those hazards and measures in place to deal with them. Company A can’t, in other words, take an “it’s not my problem” approach if it knows Company B is exposed to hazards while it’s on its (Company A’s) property.
I hope I understood your Q and that my answer doesn’t confuse you. Be happy to talk directly if you’d like when I get back to office on Tues. 203 354-4532. Good luck and have a great T’giving. Glenn
