Vic Workcover Auth & Anor v Esso Aust Ltd

The Victorian WorkCover Authority and another party appealed to the High Court of Australia against a decision of the Full Federal Court concerning the interpretation of the *Occupational Health and Safety Act 1991* (Cth) (the Act) in relation to an incident at an Esso Australia Ltd facility. The dispute centred on whether Esso Australia Ltd had breached its duty of care under the Act.

The High Court was required to determine whether the Full Federal Court had erred in its interpretation of the Act, specifically concerning the scope of the duty of care owed by an employer to its employees and contractors, and whether the employer had taken all reasonably practicable steps to ensure the health and safety of its workers. The court also considered the application of the Act in the context of a complex industrial site and the division of responsibilities between different entities.

The High Court analysed the concept of "reasonably practicable" steps, noting that this involves a consideration of the likelihood of a hazard occurring and the degree of harm that might result, weighed against the cost, time, and effort of preventative measures. The court affirmed that the employer's duty extended to ensuring the safety of contractors working on its premises, even if the contractor had its own safety obligations. The court found that the Full Federal Court had correctly applied these principles and had not erred in its findings regarding Esso's compliance with its statutory duties.

The High Court dismissed the appeal, upholding the decision of the Full Federal Court.