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Australia – New safety labour hire requirements for Victoria employers comes into effect

25 March 2022

Employers in Victoria who use labour hire are being urged by WorkSafe Victoria to review their health and safety obligations, with new safety laws to protect Victoria's labour hire workers coming into this week.

The Occupational Health and Safety and Other Legislation Amendment Act 2021 has changed the Occupational Health and Safety Act to ensure labour hire workers have the same rights and protections as direct employees of an employer.

Previously, employers did not owe labour hire workers all the same occupational health and safety duties as direct employees, because labour hire workers were considered employees of the provider rather than the host.

The reforms address this by extending the definition of ‘employer’ and ‘employee’ in the OHS Act so labour hire workers are considered employees of both the provider and the employer.

Among the benefits for labour hire workers is protection from employer discrimination for raising health and safety concerns.

Under the changes, labour hire providers and employers 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.

Last week, the government of the state of Victoria, announced the launch of the Victoria Sick Pay Guarantee, a paid sick leave programme for casual workers and contract workers.