Q: Does a host employer to a labour hire worker have obligations to the worker under work health and safety law? Should the worker become injured, would the host employer or labour hire agency be liable?

A: Health and safety legislation requires you to ensure safe systems of work are in place for all people present in workplaces under your control, regardless of whether they are on-hired or employed by you directly. You cannot delegate health and safety duties for on-hired employees to the labour hire agency, as it is a non-delegable duty.

If an on-hired employee you engage is injured in a host employer’s workplace, both the host employer and the labour hire agency can be held liable under work health and safety laws. This is known as concurrent liability, and applies even if the on-hired employee is performing work for someone else in the workplace.

If an on-hired employee is injured in the workplace of a host employer, the host will most likely be responsible for paying:

• administration fees, claims and premiums associated with the labour hire agency’s statutory workers’ compensation insurance for on-hired employees; and
• the costs of any workers’ compensation paid to the on-hired employee if the host has failed to take reasonable precautions to avoid injuries in your workplace. The workers’ compensation authority has the power to recover these costs directly from the business.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time.