[AusNOG] Understanding the WHS responsibilities when served a LAAN by a Telco

[Jason Leschnik]

Hi all,

NB: This is not a request for legal advice.

This a hypothetical situation where a Team (Network Communications Group)
and more indirectly a Maintenance Group are served LAANs by Telcos. This
group operates Public infrastructure (say Hospital sites). For the Network
group, The LAANs are generally served for new circuits that have been
requested, for the Maintenance group, they are for establishing or
accessing Services on Tower Blocks (Mobile Antenna).

Currently, said business has an Internal Contractor Management System
operated by an External Vendor (Championed by an Asset Management and WHS
group), this requires the Telcos to enroll and pay a yearly account fee
(say $600). One could imagine that the Telcos would push back against this,
being well within their rights to refuse a "fee to enter".

I have a concern/question that I'm struggling to get clear answers to based
on this hypothetical situation: If they refuse to enroll in the SYSTEM
(Possibly invoking their Powers to access the site via. the correct
channels) or possibly it's agreed they do not need to enter into the SYSTEM
and the LAAN is accepted (based on reviewing of their SWMS and Liability
Insurances) by a site owner. Is the onus on the site owner to manage/own
the WHS risks while they are operating onsite? Or does that fall under the
Telco?

Regards,
Jason.
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