Read the article from the Sydney Morning Herald of 28 November here.

Of key importance is to note that the restaurant is a workplace, and the business operator has an obligation to provide for the safety of employees, contractors and others.

Workcover NSW was involved in the investigation of this incident because of these obligations.
Had a worker been injured, a worker’s compensation claim could have been lodged. As the employees lived above the restaurant, an injury after the restaurant had closed may still have be compensable as a worker’s compensation claim.
Whether engineers determine that the building work next door was or wasn’t a factor in the restaurant collapse, it is reasonable to presume that the restaurant owner read the development application. However to what point should we have continued his review of this information?
While NSW OH&S legislation is unequivocal in its requirements, it is less clear what is reasonable and foreseeable for an employer to know about his neighbour’s activities. Ultimately a court would determine this.

However employer’s should be aware of the businesses around them and factor this into their OH&S plans.

For example:
- Include phoning neighbouring businesses in the event of a fire, and make sure they call you.
- Do you know of any hazardous substances that your neighbours store and use in their business.
- Are there any ground water pollution issues near your business premises
- Did your emergency evacuation plan consider this information when identifying routes and assembly points?