State's new health and safety obligations have recently taken effect
WorkSafe Victoria (WSV) has recently reminded employers that the state’s new health and safety obligations have taken effect to protect labour-hire workers.
Effective this week, the Occupational Health and Safety and Other Legislation Amendment Act 2021 changed the Occupational Health and Safety Act to “ensure labour hire workers have the same rights and protections as direct employees of an employer.”
In a media release, WSV explained that labour-hire workers are generally employed by “providers.” The latter then refer the said workers to employers, known as the “host.”
Before the new legislation, the hosts “did not owe” labour-hire workers the same occupational health and safety duties as direct employees. In that prior arrangement, labour-hire workers were considered employees of the provider rather than the host.
The reforms have essentially revised the rules “by extending the definition of ‘employer’ and ‘employee’ in the OHS Act,” making labour-hire workers employees of both the provider and the host.
The employers must be aware that, among the benefits for labour-hire workers, protection from “host employer discrimination” for raising health and safety concerns is included. This means that the issues brought by said workers to their host employers must be treated with the same value and attention as that of their direct employees.
“Under the changes, providers and hosts now have a specific obligation to work together through a process of consultation, cooperation and coordination to ensure there are no gaps in health and safety for labour-hire workers,” WSV said.
“The process should be ongoing throughout the term of the labour hire arrangement, including when changes are made to employment circumstances such as work location or role,” WSV added.
