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Source: Fair Go -
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Reporter - Hannah Wallis
Ever wondered what happens if someone who's working for you, in your house gets injured? It could be a plumber or builder, or someone you've hired to entertain at your kids birthday party? Are you responsible? If the injury was serious - could you be prosecuted? Bronwyn from Hamilton had organised a hens' party for her best mate at her parent's place - including the hire of a mobile pole and pole dancing instructor from a company called Strippers R Us, through the party booking website, FreemanX.
Bronwyn and her father erected the pole themselves in an outside courtyard with the top secured against the roof of the pergola, the bottom sitting on cobblestones. It seemed secure, but as soon as the instructor put her weight on it the pole came away from the roof, and hit the instructor on the head. She had a bleeding disorder and bleed profusely, eventually needing stiches, and was taken home eventually by a friend. For Bronwyn, the organiser, the night was ruined, the party over. Bronwyn came to Fair Go because first, Strippers R Us gave her a $200 refund but the hens wanted a full refund of the $620 cost, and second, because she wanted the company to make some safety changes.
Strippers R Us director Rachael Kirk has agreed to change both her website and the pole installation instructions, to spell out the dangers of erecting the pole on anything other than a solid, indoor surface. And when an instructor is hired with the pole, the company will install it themselves, rather than let the hirers do it. Rachael has also now offered the hens a couple of hundred dollars extra in services - like a burlesque lesson, male strippers etc.
The other party involved, FreemanX, will not refund their portion of the fee, about $120, arguing that as they handled the actual booking, not the service, they did their job and should be paid.
The Juice: So are you responsible if anyone employed by you to work on, or in your home is injured and can you be prosecuted? No. The employer - or self employed person - is responsibe, not you, the house owner. The employer/self-employed person must take "all reasonably practicable steps" to prevent harm occurring to people at work.
All incidents involving serious harm or death must be notified to the Department of Labour (formerly OSH) which then decides whether to prosecute (Health and Safety in Employment Act 1992).
