Labour Hire Workers – Who Is Responsible?
Labour Hire is an essential part of the Australian workforce, with Labour Hire workers filling many gaps in Australian workplaces where there is a requirement for temporary labour. Construction and Agriculture are two industries which rely heavily on Labour Hire and without it, would struggle to find workers to fill seasonal and temporary positions.
Vulnerability
Labour hire workers are often more vulnerable in the workplace due to several reasons such as: Less experienced;
Unfamiliar with the specific workplace;
Provided with less training and supervision;
Uncertainty regarding who they report to, or who is responsible for training and supervising them;
Younger in age;
Less aware of their rights and responsibilities;
Language barriers
Who Is Responsible?
So exactly who is responsible for the Health and Safety of Labour Hire Workers, the Labour Hire Agency, or the Host Employer? Well the answer is both! Both are defined as a Person Conducting a Business or Undertaking (PCBU) and must ensure they are providing their workers with a safe workplace free from risks to health and safety, as well as safe systems of work.
How does this translate to the day-to-day running of the business? Well let’s have a look at how both the Labour Hire Agency and the Host Employer are responsible for and can protect the health and safety of Labour Hire Workers.
To begin with, both companies have a Duty of Care in relation to their health and safety duties. This primary duty of care is shared by the Labour Hire Agency and the Host Employer. This duty is not transferrable. In addition to this, both companies have a legal obligation to consult with each other, and the worker, in relation to health and safety.
Labour Hire Agency
The Labour Hire Agency should be doing the following to ensure they comply with their obligationsunder health and safety laws.
Consult with the Host Employer regarding the type of work and level of experience required including plant or equipment to be operated and hazardous materials they might be exposed to;
Assess the Host Employer’s workplace to identify hazards and risks, and what measures are required or in place to control them;
Provide an induction to the worker regarding the workplace, the job requirements, the hazards and risks and their controls and who their supervisor is;
Consult with the Host Employer regarding task specific training and induction, ensure appropriate training is provided to the worker;
Ensure appropriate PPE is supplied to the worker;
Identify suitably qualified and experienced workers to be provided based on the job requirements;
Regularly monitor training and licence records for expiry dates and training requirements;
Have a suitable Worker’s Compensation insurance policy to cover your workers should they be injured at work;
Develop appropriate policies and procedures for injury and incident investigation and management. In the event of an incident at a Host Employer site, work with them to investigate the incident;
Consult with the Host Employer regarding health monitoring and vaccination arrangements;
Establish communication methods between the workers and the Host Employer where communication barriers may present a risk to health and safety;
Ensure workers understand their rights and responsibilities in relation to health and safety including what to do if they feel unsafe, who they can raise health and safety issues with at the Host workplace, and reporting unsafe acts or conditions;
Regularly monitor and review your workers in their Host employment and ensure that
agreed procedures are suitable and followed;
Host Employer
The Host Employer should be doing the following to ensure they comply with their obligations underhealth and safety laws.
Provide the Labour Hire Agency with detailed information regarding the type of work and level of experience required including plant or equipment to be operated, hazardous materials they might be exposed to and licencing or specific qualification requirements;
Verify with the Labour Hire Agency that the workers supplied have the necessary skills, experience, licences and qualifications for the work to be completed;
Identify hazards and risks associated with the job and implement controls to either eliminate or minimise the exposure to hazards and risks;
Consult with the Labour Hire Agency regarding health monitoring and vaccinations;
Provide the Labour Hire Agency with workplace specific induction material, hazards and risks associated with the job and their controls to be communicated to the worker, and advise them who the worker’s supervisor will be;
Provide workers with task specific induction and training, ensure workers understand the job requirements and the hazard and risk controls;
Adequately supervise workers to ensure they are completing tasks correctly and wearing appropriate PPE supplied;
Consult with the Labour Hire Agency when there are changes which may affect health and safety. Don’t transfer workers to different tasks or work locations until you have discussed their suitability with the Labour Hire Agency;
Encourage workers to participate in workplace consultation arrangements such as safety meetings or, provide the Labour Hire Agency with minutes of meetings to be communicated to workers;
Encourage workers to report hazards, incidents, near misses and unsafe acts or conditions;
Allow the Labour Hire Agency access to the workplace and relevant policies and procedures they require to fulfil their own duty as a PCBU;
Encourage workers to communicate regularly with the Labour Hire Agency;
Notify the Labour Hire Agency as soon as practicable in the event of an incident and work with them in relation to investigating the incident;
Regularly monitor and review workers to ensure that agreed procedures are suitable and followed
General
In addition to health and safety laws, labour hire workers also face vulnerability in relation to Fair Work laws. The Labour Hire Agency must ensure the workers they supply hold the appropriate Visa to work in Australia and are paid according to the relevant industry award. Records should be kept and supplied including payslips provided to the worker.
Developing and implementing a systematic Safety Management System can help to simplify the process of managing Labour Hire. It is important to document your processes to demonstrate compliance. We provide a range of WHS Consulting services. For more information on our services please contact us.
For further information relating to Labour Hire and your duties, visit www.safeworkaustralia.gov.au or your specific State Regulator.