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

[Jason Leschnik]

I appreciate all the replies (both Public and Private). This has given me
plenty to consider!


On Mon, 20 May 2024 at 16:30, John Edwards <jaedwards at gmail.com> wrote:
>
> 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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>>
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