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Heath and Safety Responsibilities for Labour Hire Employees

Case Study: May 2010
A labour hire worker in Victoria hurt his back while lifting a package.  The package lifted did not have a caution sticker and weighed around 35kg.

The client’s safety manual stated workers should not lift objects over 25kg on their own, and that any item identified as weighing more than this should have a "CAUTION" sticker affixed to it, with the item's weight written on the sticker. The labour hire company had run inductions for its on-hire workers, including presentations on safe lifting techniques and had completed site inspections and visited the site at least twice a month, including attending "tool box meetings" of workers. They also distributed the client’s safe operating procedures manual to all workers.

The court heard that workers at the site were required to lift articles in excess of 25kg with no caution sticker, and the client and labour hire company were aware of this. The judge found that the labour hire company should have been aware that the situation presented a hazard, and brought it to the attention of the client to be addressed.

The judge decided that the client was principally responsible for the worker's injury and was required to pay 85% of the workers damages. The labour hire company was not free from liability and was required to pay 15%.

Responsibilities
Both the labour hire company and the company where an employee is assigned (the client) have a responsibility for the health, safety and welfare of the employee.

For the client with a labour hire worker on their premises these OHS responsibilities include:

  • Providing and maintaining a safe
    • work environment
    • system of work
    • plant, equipment and tools
    • personal protective equipment (PPE)
  • Consulting with labour hire employees on safety matters which may affect them
  • Providing supervision, information, instruction and training
  • Ensuring labour hire employees are suited to the task
  • Managing and investigating incidents.  
  • Identify hazards and control risks. 
  • Providing details of all tasks, including possible hazards so suitable candidates can be matched to the role.
  • Warning labour hire employees if they are working unsafely or not following safety procedures.
  • Notifying the  labour hire company if their employee:
    • Is moving location or given different tasks to complete. 
    • Is affected by a workplace incident.
    • Breaches a safety procedure or is working in an unsafe manner
    • Is not suited to the role or tasks provided.
  • Notifying the relevant State or Territory authorities of serious incidents as prescribed in legislation.


To ensure compliance, a labour hire company must also:

  • Complete a generic safety induction for all new employees
  • Conduct a safety assessment of client’s premises and their risk management practices. This includes verifying that clients provide site and task related instruction and training.
  • Confer with clients regarding consultation, OHS and Injury Management and reporting and assist as required.
  • Consult with on hire employees on OHS matters such as providing safety information, training updates and tool box meetings.
  • Maintain training, safety and incident management records.
  • Performance manage employees not following safety procedures.
  • Assist with incident investigations and identifying safety controls.

 

 

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