The key points to note are as follows:
Be sure that the labour hire personnel are suitable, qualified and competent for the work they are required to carry out. They must also ensure that their work will not cause harm to themselves, to others, or to the environment.
Systems and processes have also been set in place to do this without inflicting a hefty cost burden on the organisation.
For all company personnel who are involved in engaging, managing or supervising persons hired through labour hire agencies, there are two critical WHS legal obligations to be aware of. These are:
Before you hire from a LHA, a job assessment should be conducted to clarify the duties of the labour hire personnel. His or her tasks should be clearly stated, including:
A copy of the complete job assessment should be provided to the LHA, and in turn, they are required to demonstrate that it has been used to select the suitable worker for the job.
A risk assessment should also be carried out for the job. In addition, the LHA should be required to conduct a worksite visit to:
In any case where health and safety improvements have been requested, and where the changes are justified, the host company is required to implement these changes prior to the commencement of the labour hire contract.
It is also important for the labour hire contract to stipulate that both the host company and the LHA have equal responsibility for the worker’s health and safety.
The contract should require labour hire personnel to:
In addition, the LHA should be expected to carry out the following:
The host company should also ensure that the worker selected by the LHA is suitable for the job, in accordance with the criteria stipulated in the job assessment.
Once the agreements have been approved, training and induction should be provided to the worker to familiarise them for the job.
All labour hire personnel should be provided with appropriate supervision and instruction while they are engaged by the company, on top of which arrangements must be made to ensure regular communication between the worker, the supervisor and the LHA.
In the event of any change to the job, the LHA should be notified prior to that change.
The performance of the labour hire worker should be monitored to ensure the worker complies with all of his or her WHS related obligations, as outlined in the contract. In the event of any non-compliance (e.g. not following WHS procedures or work instructions, unsafe work practices, etc.), the LHA should be immediately notified.
In the event of any incident involving labour hire personnel, the LHA must again be immediately notified, in addition to taking all other appropriate actions.
Once a labour hire contract has been completed, it should be formally reviewed. The review should include, but is not limited to, the following:
Any issues, non-conformances or suggested improvements identified, should be the subject of your corrective action process.