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

[Mitch Kelly]

Hi,

Note: *None of the following should be taken as legal advice* This is a
real world scenario from Mid 2018.

Ive dealt with a similar issue on an LIN (Low Impact Notice) being served
on a rural property owner. The issue arose when the owner refused entry to
the Telco and did not negotiate (Not the right thing to do) The best thing
we found (From Legal Advice) Was to advise YES, You can install your
equipment on this property, The Fee Per Month will be 200k.

You haven't Refused entry
and,
You've provided a compensation amount for the installation/inconvenience on
the property.

On the topic of the LIN and Safety, Due to the location of the
installation, There was overhead HV Lines (12m), (6.4m clearance generally
required) across the entryway to the property, The owner of the property
had a duty of care to advise to the best of their knowledge hazards that
may exist (Loose ground, sinkholes, unstable ground, overhead wires, etc)
to the Telco entering the property of the LIN The Telco was responsible for
their own SWIMS/JHA and complying with WHS laws, The Property owner
distanced himself from any liability (He had a pretty good lawyer)

The Property owner gave all the information to the telco to the best of his
knowledge, Yet they still managed to knock down a power pole and pole pig
(transformer) causing the OWNER of the property to have to pay Horizon
power to fix it along with Horizon stating that further damage may be
brought upon the owner if other customers were impacted (The lawyer got
onto this pretty quick smart)

The tower eventually fell over in Mid 2021 due to salinity issues in the
soil, The Telco went insolvent in late 2022.
The owner never saw a cent from the Telco for damages to the power
infrastructure and likely never will.

Stay well clear, Seek legal advice. If they have issued a LIN then they are
probably already disgruntled.


On Mon, May 20, 2024 at 9:12 AM Jason Leschnik <jason at leschnik.me> wrote:

> 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.
> --
> Personal Email Account
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