Worker

  • Labour hire involves a host organisation using workers from a labour hire agency for a short period of time to relieve staff shortages, or to supplement the workforce during peak seasonal demand. These arrangements are sometimes referred to as 'on-hire' or 'agency' arrangements.

If you are a labour hire worker, both the labour hire agency and host organisation have duties to ensure your health and safety. 

Labour hire PCBUs and host PCBUs must work together in a cooperative and coordinated way to make sure you are safe during your placement. The PCBUs must ensure, so far as is reasonably practicable: 

  • the health and safety of you and others (including visitors) at your placement
  • risks to health and safety are eliminated or minimised so far as is reasonably practicable
  • you are consulted on any health and safety matters likely to affect you.

As a worker you are entitled to:

  • cease unsafe work in certain circumstances
  • have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure. 
  • not be discriminated against for raising health and safety issues with either the labour hire PCBU or host PCBU, or appropriate representative or WHS regulator.
  • the same consultation rights as any other worker. This means you can request the formation of a health and safety committee, and elect a health and safety representative (HSR) if you wish to be represented by one.  

When starting work as a labour hire worker, you must be shown how to perform your work safely by someone who is suitably skilled and knowledgeable. This is usually known as an induction. The labour hire PCBU and the host PCBU must work together to ensure this is provided to you. 

PCBUs must make sure an emergency plan is prepared and maintained for the workplace you are placed in. They must also make sure you and other workers have access to first aid equipment and trained first aid officers when at the placement workplace.

As a worker, you also have a duty to take reasonable care of your safety and that of others in the workplace. In particular, workers issued personal protective equipment (PPE) must:

  • use or wear it properly - the way they're trained or instructed to
  • not misuse or damage it, and
  • tell someone in charge about any damage, defect or need to decontaminate it.

Workers could face disciplinary action or prosecution if they:

  • refuse to wear or use their PPE, or
  • intentionally misuse or damage their PPE. 

Part 46 of the model WHS Regulations sets out the full legal requirements for workers.