Duty of care — labour hire industry by lindayy


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									                          What is labour hire?          Workers are usually            So who is ultimately             What are the agent’s
                                                        employed and paid by           responsible for                  responsibilities?
Mines Safety and          Labour hire refers to the     a labour hire agency or
Inspection Act — what     arrangement where a host      agent that requires them       safety?                          Although it is recognised
                          organisation or person (the   to perform their tasks for                                      that the agent may not
employees and employers   client) engages workers       a client, usually under the
                                                                                       Both the client and the
                                                                                                                        have day-to-day control
                                                                                       agent in charge of the
need to know              from an organisation that     client’s direction.            labour hire organisation         of the work at the client’s
                          specialises in providing                                                                      workplace, the agent’s
                                                        A good example of this         are equally required to
                          labour (the labour hire                                                                       responsibilities do not stop
                                                        arrangement is where a         provide and maintain a mine
                          agency or agent).                                                                             simply because the work is
                                                        mine owner employs a large     working environment where
                          The arrangement is                                           employees are not exposed        not carried out at his or her
                                                        earthmoving contractor                                          own workplace.
                          characterised by:             to excavate the mine and       to hazards.
                          • an agreement for            transfer the material to       This includes providing          There is much the agent
                            remuneration between        the stockpile or processing    and maintaining safe             can do, including:
                            the client and the agent    plant. However, the mine       workplaces, plant and            • verifying and matching
                            regarding the supply of a   owner employs his own mine     systems of work at mine            training, skills and
                            worker to carry out work    managers and other staff to    sites, as well as information,     experience of the
                            for the client              supervise the contractor.      instructions, training             worker to the needs of
                                                                                       and supervision so that            the task
                          • an agreement, which
                            may be a contract of
                                                        Does a labour hire             employees can work without
                                                                                       being exposed to hazards.        • providing general
                            employment, between         worker have fewer                                                 induction and arranging
                            the agent and the           safety rules to follow?        Necessary personal                 specific induction
                            worker to carry out work                                   protective clothing and            relevant to the task and
                            for the client              There is sometimes a           equipment must be provided
                                                        misunderstanding that                                             the plant to be used at
                                                                                       at no cost to employees.           the client’s workplace
                          • no contract of              engaging a worker through
                            employment between the      a labour hire agent involves   The use, cleaning,               • ensuring any change of
                            client and the worker.      fewer safety and health        maintenance, transportation        duties does not present a
                                                        obligations. However, both     and disposal of plant and          hazard to the worker
                          An agent is a person
                                                        the agent and the client       substances must also be
                          who conducts a business                                                                       • providing information
                                                        have the same general          carried out in ways that
                          that provides workers,                                                                          and training to ensure
                                                        duties of care as those        ensure employees are not
                          who can be employees                                                                            workers know how to
                                                        applicable to an employer      exposed to hazards.
                          or contractors, to carry                                                                        safely carry out their
                                                        in areas that each has the
                          out work for another                                         In addition, the client must       activities
                                                        capacity to control.
Duty of care —            employer. This includes
                          a group-training              Under contract labour
                                                                                       consult and cooperate
                                                                                       with any safety and health       • ensuring the work

labour hire industry      organisation as defined
                          in section 7(1) of the
                                                        arrangements, where a
                                                        labour hire organisation
                                                                                       representatives and other
                                                                                       employees regarding
                                                                                                                          environment is safe,
                                                                                                                          including plant and
                          Industrial Relations          provides workers to work       occupational safety and            equipment, systems of
                          Act 1979.                     at a mine, the client is       health at the mine.                work and other matters
                                                        deemed to be the employer                                         under the control of
                                                        in matters over which it has                                      the client
                                                        control.                                                        • ensuring adequate
                                                        This means the client is                                          on-site supervision is
                                                        ultimately responsible for                                        provided
                                                        the employer’s duty of care                                     • ensuring the work of the
                                                        to the hired workers.                                             client’s employees does
                                                                                                                          not harm the safety and

                                                                                                                          health of the labour hire
What are the client’s            Do the agent and               What are the worker’s          of their responsibilities.
responsibilities?                the client have joint          responsibilities?              You cannot formally or
                                                                                               informally pass on to
The client usually has day-      responsibilities?              A worker in a labour hire      someone else your duty
to-day control of the labour     The agent and client can       arrangement has the same       of care responsibilities as
hire worker, so there is a lot   consult and take some          general duties of care as
                                                                                               an employee, contractor,
the client can do to ensure      actions jointly, including:    those of an employee.
                                                                Workers must take              agent, employer or
a safe mine site, including:
                                 • identifying hazards in       reasonable care of their own   principal.
• ensuring the work                relation to the task and     safety and health, and that    You always have a duty
  environment is safe,             assessing the associated     of others in the workplace.
  including plant and              risk, prior to placement                                    of care for yourself and
  equipment, systems of            of a worker                  The Act does not allow         those you work with and/or
  work and other matters                                        people to contract out         employ.
                                 • understanding the
  under the client’s control
                                   obligations of how to deal
• providing specific                with hazards
                                                                                                                             Want to know more?            regulations should be
  induction for the tasks to                                                                                                                               consulted for detailed
                                 • considering and
  be undertaken and the                                                                                                      For information on safety     information, or contact your
                                   implementing control
  plant to be used                                                                                                           and health in the mining      regional inspectorate.
                                   measures to ensure a
                                                                                                                             industry, look at the
• notifying the agent if           safe environment
                                                                                                                             Resources Safety website at   This brochure is produced by:
  any change is being            • ensuring personal                                                                         www.docep.wa.gov.au/
  considered                                                                                                                                               Resources Safety
                                   protective equipment is                                                                   ResourcesSafety.
                                                                                                                                                           Locked Bag 14
• providing information and        provided at no cost to the                                                                Information and relevant
                                                                                                                                                           CLOISTERS SQUARE WA 6850
  training to ensure workers       worker                                                                                    forms, including PINs, are
                                                                                                                             available under the heading   Telephone: +61 8 9358 8002
  know how to safely carry       • providing on-site training
                                                                                                                             of Mines Safety and           NRS: 13 36 77
  out their activities             and induction, and
                                                                                                                             Inspection Act Resources in   Facsimile: +61 8 9358 8000
• providing adequate on-           procedures for resolution                                                                                               Email: ResourcesSafety
                                                                                                                             the Mining Safety and
  site supervision                 of issues.                                                                                                              @docep.wa.gov.au
                                                                                                                             Health section.
• ensuring the work of                                                                                                       For information relating      ResourcesSafety
  employees does not harm                                                                                                    to occupational safety
  the safety and health of                                                                                                   and health, see the           For publication orders:
  the labour hire workers                                                                                                    Department of Consumer        Telephone: +61 8 9358 8154
• reporting notifiable                                                                                                        and Employment Protection     Email: RSDComms@docep.
  injuries and diseases to                                                                                                   at www.docep.wa.gov.au/       wa.gov.au
  Resources Safety.                                                                                                          WorkSafe
                                                                                                                                                           This publication is available on
                                                                                                                             The Mines Safety and          request in other formats for
                                                                                                                             Inspection Act 1994,          people with special needs.
                                                                                                                             Mines Safety and Inspection
                                                                                                                             Amendment Act 2004 and        Reissued May 2008
                                                                                                                             Mines Safety and Inspection
                                                                                                                             Regulations 1995 can be
                                                                                                                             sourced at the State Law
                                                                                                                             Publisher’s website at
                                                                                                                             The information in this
                                                                                                                             brochure is intended as
                                                                                                                             a general guide only.
                                                                                                                             The relevant Acts and

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