Labour hire agency duties: after an employee is placed

Labour hire agencies have an obligation to ensure the workplace is safe for their employees. They can do this in a number of ways such as regular workplace visits and meeting with the host.

Date last updated

Monday 03 Feb 2020

Industries and topics
  • Labour hire

On this page

  • Regular workplace visits
  • Meetings with the host
  • Hazard, incident or issue reporting
  • Labour hire templates

Regular workplace visits

By doing regular workplace visits, you can identify any new risks to health and safety. If you completed a job safety analysis when you placed your employee, refer back to this to see if anything has changed. If so, remind the host that they have a responsibility to involve you and the employee before any new jobs are assigned to the employee.

If the employee's role has changed, carry out a new job safety analysis and update the agreed actions record. These templates are available in the Templates for labour hire agencies and hosts page below.

You should check if employees have the right qualifications/licences to carry out additional duties and that these are captured on your job and training record. Decide if additional information, instruction, training and supervision is required. If the role involves increased hours, check that this is included in the job or time sheets and that changes to hours do not pose a risk to health and safety.

Meetings with the host

Meet with the host to discuss any issues or concerns that have come up regarding your employees' health and safety during the workplace visit. If the current hazard controls are not good enough, try to resolve this with the host. It's important to record any agreed resolution. Use the agreed actions record template on the Templates for labour hire agencies and hosts page below.

If there have been significant changes to the job that expose the employee to new risks, advise the host and employees that you need to carry out another risk assessment before the employee performs the job. Arrange a time to do this with the host.

If you can't agree on risk controls you will need to decide how to protect the agency employee. Agencies should have clear procedures (which are understood by their field personnel) about the steps to follow if there are health and safety concerns for agency employees.

Your employee should not do any new tasks until the risk assessment is complete and risk controls have been identified and implemented.

Hazard, incident or issue reporting

Both the agency and the host must keep a register of injuries which is readily accessible.

The host should have a method for employees to report hazards, incidents, near misses or other OHS issues in the workplace.

You should request the host shares any incidents involving your employees with you.

If the host has no reporting procedure, employees can use the hazard/incident reporting form on the Templates for labour hire agencies and hosts page below.

By law, employers and self-employed persons must notify WorkSafe whenever a worker dies, sustains a serious injury or is exposed to certain serious incidents while working. Duty holders must also ensure the area where the incident occurred is not disturbed.

The legal duty to notify WorkSafe lies with the employer or self-employed person with management or control over the workplace, or over the work being done, at the time of the incident.

Where an employee is placed at a workplace by a labour hire agency there may be two or more employers with a duty to notify WorkSafe, in which case the employers should work together to ensure WorkSafe receives all relevant information about the incident. In the event of uncertainty, it is best practice to notify WorkSafe to avoid possible enforcement action.

Labour hire templates

We have developed a number of templates that will help you carry out your legal obligations to your employees. They are listed on the Templates for labour hire agencies and hosts page below.