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

[John Edwards]

I have seen a few variations of this theme, and here's a couple of ways it
has been worked out, but they still require a lawyer to draft something:

- The site has various risks associated with it, so the Telco must use an
approved contractor - then have that contractor pay the fee and be part of
the WHS

- The Telco agrees to indemnify the site for any liability incurred while
on the premises (this tends to force a re-evaluation of any other suggested
fees)

Generally the cost of enforcing a LAAN in the courts is going to make any
fees seem trivial, so it may be best to offer a path of less resistance
rather than saying "No".

John


On Mon, 20 May 2024 at 11:14, Mitch Kelly <mitchkelly24 at gmail.com> wrote:

> 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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