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This presentation, based on content from the 2006 Mines Safety Roadshow, highlights the duty of care in providing Personal Protective Equipment (PPE) to labour hire workers. It explains the responsibilities of both labour hire companies and host employers, emphasizing the importance of adequate supervision and PPE provision.

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  1. Please read this before using presentation • This presentation is based on content presented at the 2006 Mines Safety Roadshow held in October 2006 • It is made available for non-commercial use (eg toolbox meetings) subject to the condition that the PowerPoint file is not altered without permission from Resources Safety • Supporting resources, such as brochures and posters, are available from Resources Safety • For resources, information or clarification, please contact: ResourcesSafety@docep.wa.gov.au or visit www.docep.wa.gov.au/ResourcesSafety

  2. Toolbox presentation: Provision of PPE tolabour hire workers October 2006

  3. What is labour hire? • Labour hire organisation provides workers to another (client) company to carry out work for that employer • Agreement for supply of workers • Contract of employment exists between labour hire company and worker • No contract of employment exists between client company and worker

  4. Duty of care — labour hire industry Duty to ensure labour hire workers: • are not exposed to hazards • receive adequate information, instruction and training • are supervised • are provided with necessary personal protective clothing and equipment at no cost to the worker

  5. Who is responsible for the safety and health of labour hire workers? • Both labour hire company and host employer have same general duty of care over areas they exercise control • Duties of host employer and labour hire company may overlap – this does not mean responsibility can be shifted from one party to the other • If required, provision of PPE should be negotiated and agreed upon before the contract commences

  6. Exercise of control • Although labour hire company does not have day-to-day control of work at mine site, it still has responsibilities and exercises control over certain matters • Labour hire company sending worker to a workplace ought to be aware of: • type of work expected to be undertaken • basic PPE requirements (e.g. boots or safety glasses) • Where task requires specific PPE of a technical nature (e.g. PPE for handling particular chemicals), these may be matters that are beyond company’s control

  7. Example — safety boots • Risks of foot injuries are known • Injuries can be severe • Risk can be mitigated by wearing safety footwear • Footwear is readily available and designed to be specifically suitable to address risk

  8. Provision of safety boots • Where an employee is only required to do work that requires safety boots for a short period of time: • risk of injury is the same • employee cannot lawfully be exposed to hazard despite short-term nature of work • Onus is on employer to provide the boots at no expense to employee: • when an employee commences work • if, in the period of the worker’s employment, boots need to be replaced to do the work

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