Labour hire workers

Who has obligations?

Both labour hire agencies and host employers have obligations towards the health and safety of their workers.

Labour hire agencies and group training organisations are usually the direct employers of on-hired workers and have obligations under the Workplace Health and Safety Act 1995 (PDF, 766 KB) . However, host employers also have legal obligations to provide and maintain a safe work environment.

Labour hire agencies

Along with the general WHS obligations of an employer, labour hire agencies should also take the following steps for every placement:

provide an induction
assess the placement
monitor the workplace.

A labour hire agency can not 'pass on' its legal obligation, even if the host employer agrees to this.

Further guidance is available in Labour hire agencies: Managing the safety of on-hired workers (PDF, 272 KB).

Host employers

A host employer is responsible for the health and safety of all workers in their workplace including labour hire workers and contractors.

Host employers are expected to:

analyse the job requirements and potential hazards
provide training and consultation on WHS matters
encourage participation in WHS activities
cooperate with the labour hire agency in meeting the WHS obligations

Further information is available in Host employers: Managing the safety of labour hire workers (PDF, 229 KB).