Managing Work Health & Safety Obligations for Labour Hire Employees

Contingent workers, including those from temporary employment agencies, independent contractors, and seasonal workers, are crucial to an organisation's workforce strategy as they offer flexibility and agility. These workers are typically brought in to perform jobs on a provisional basis and may include workers from temporary employment agencies, independent contractors, and seasonal workers.


In 2021, the Australian Bureau of Statistics reported there are 2.7 million casual workers and 1.1 independent contractors and 3.4% are employed on a fixed-term contract nationally.


As it relates to work safety, when a business engages a classification of worker defined as an ‘on-hired worker’, there is a complex triage relationship between worker, the labour hire organisation and host company, where all parties have an obligation to ensure the safety of the worker whilst working with a host on-site. Employment relationships in on-hire arrangements can create confusion around work health and safety (WHS) duties. For instance, when a labour hire firm supplies workers to an organisation, it is responsible for their employment and, therefore, obligated to ensure their safety. However, when these workers are sent to the host organisation's premises, the host company also has a duty of care as they are the ones providing tools, instructions, and working conditions.



In Australia, the revised model WHS laws make it clear that both the labour hire firm and the host organisation are considered ‘Persons Conducting a Business or Undertaking’ (PCBU) and are therefore responsible for their workers' safety. This shared responsibility is expected to be coordinated, cooperative, and collaborative, ensuring that all workers understand risks and best practices while taking measures to make the working environment as safe and healthy as reasonably practicable.


‘On-hire’ firms can take proactive measures to manage and monitor the WHS of their employees. WorkPro's free e-book, Safety in On-Hired Work, provides tips for labour firms, including understanding the industry, conducting site assessments, carrying out online induction and WHS training, having workers report on site conditions, and identifying risks and ways to mitigate them. 


These steps include efforts such as: 

  • A Shared Responsibility
  • Consultation Between the On-Hire Organisation & the Host Company
  • Controlling Risks
  • Carrying Out Work
  • Workers’ Health & Safety Rights & Responsibilities
  • Right to Refuse to Work 
  • Before Engaging a Worker at a Host Site
  • During an On-Hire Worker Placement
  • Responding to Incidents


Overall, the key to managing this shared responsibility is for organisations involved to consult one another, cooperate and coordinate, making safety for all workers a top priority. Use WorkPro’s free resource as a practical guide for all parties to manage positive business relationship and mitigate risk.


By Ziggy Dequito 05 Mar, 2024
Explore how WorkPro's eLearning platform addresses the challenges of compliance, engagement, and practical application in workplace training. Discover customisable, up-to-date, and interactive modules designed for evidence-based learning across various industries. Elevate your organisation's training with WorkPro's innovative solutions tailored to meet legislative changes and industry-specific needs.
By Ziggy Dequito 26 Feb, 2024
Australia's employment landscape is undergoing significant transformation with the "Closing Loopholes" legislation, introducing sweeping reforms to bolster worker protection and promote fair employment practices. This legislation marks a pivotal shift towards ensuring employee rights and equitable treatment across various sectors, including the gig economy, casual employment, and the right to disconnect. WorkPro is at the forefront, providing essential resources to help employers and HR professionals adapt to these changes effectively. Our comprehensive factsheets, checklists, and webinars offer in-depth insights into the legislation's implications, empowering you with the knowledge to navigate the evolving employment standards confidently. Discover how WorkPro's suite of free resources, including detailed eBooks and interactive learning sessions, can support your organisation in fostering a compliant, safe, and respectful workplace.
By Ziggy Dequito 26 Feb, 2024
HR professionals are pivotal in transcending the basic compliance requirements set by the Respect@Work initiative, aiming to cultivate a workplace culture that embodies respect, inclusivity, and safety. WorkPro's comprehensive suite, including engaging eLearning solutions, streamlined reporting mechanisms, and continuous improvement strategies, empowers organisations to not only meet but exceed these standards. By integrating proactive prevention measures, offering robust support for reported concerns, and leveraging insights for ongoing policy refinement, WorkPro facilitates the creation of an environment where every employee feels valued and empowered. Discover how our tools and resources can transform your workplace into a model of respect and empowerment.
By Nikki Cheema 05 Feb, 2024
To keep up with productivity for any business, employee health and well-being should be of the utmost importance. Various industries have high risk roles that require a comprehensive medical screening as part of their pre-employment onboarding process. Hiring teams must implement a streamlined process for conducting medical checks, which includes ensuring accessibility to clinics near the candidate, facilitating ease of completing these checks and maintaining a healthy workforce. Maintaining a healthy workforce is not only to keep employees more productive and engaged, but also leads to reduced costs associated with workers' compensation claims. HR Challenges in Medical Screening for Recruitment HR and recruitment teams face significant challenges when conducting medical checks during the hiring process, including ensuring compliance with legal and regulatory standards, managing privacy and confidentiality of sensitive health information, and dealing with the cost and time implications of these checks. The complexity of interpreting medical information without medical expertise, varying requirements for different roles and regions, and the potential negative impact on candidate experience further complicate the process. Additionally, integrating medical checks into existing HR systems, keeping health information up to date, and addressing the unique challenges of international hires require meticulous management. Solutions like WorkPro streamline these processes by centralising the management of medical checks and other compliance requirements, thereby helping HR and recruitment teams efficiently navigate these challenges, maintain legal compliance, protect candidate privacy, and enhance the candidate experience.
By Nikki Cheema 30 Jan, 2024
Australian businesses face a challenge in 2024: adapting to a series of profound legislative changes that continue to redefine the landscape of workforce compliance. This isn’t just about policy updates but also significant shifts influencing every facet of employee-employer dynamics. From Melbourne's cafes to Sydney's corporate offices, these legislative changes are rewriting what compliance means for HR teams. This blog offers a deep dive into these critical updates, their business implications, and how WorkPro’s forward-thinking solutions facilitate seamless adaptation. 2023: A Year of Transformative Compliance Updates 2023 was a landmark year for Australian HR teams, marked by significant legislative reforms. These changes brought new challenges and opportunities for HR teams, necessitating a fresh approach to workplace management, and streamlined compliance. Here, we outline these pivotal updates and their implications for the evolving HR landscape. Fair Work Legislation Amendments: These amendments have redefined employment contracts, emphasising fair pay and safer work conditions. HR teams must balance compliance with operational efficiency, a challenge addressed in WorkPro’s latest factsheet.
By Nikki Cheema 15 Jan, 2024
Changes to Fair Work Act and hiring migrant workers
Show More
Share by: