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Labour Hire Company
Question 5 of 6 · the safety side

Who is responsible for a labour hire worker’s safety?

Both businesses in the arrangement carry duties at the workplace: the labour hire company and the host are each a PCBU, and neither can hand its safety duty to the other.

General information about work health and safety duties when labour is supplied, not safety or legal advice, and no steps for anyone to follow here.

the contract, and the licence Eight jurisdiction tabs along the licence side: QLD, VIC, SA, ACT, NSW, WA, TAS, NT. A solid tab is a jurisdiction with a licensing scheme; an open tab is one where the source named on it recorded none, at the date that source gives.QLD: labour hire providers must be licensed; the Act commenced on 16 April 2018 (Labour Hire Licensing Queensland).QLDVIC: a labour hire provider must hold a licence, and a host may engage only a licensed provider; the scheme began on 29 April 2019 (Labour Hire Authority).VICSA: licensing extended to all industries from 29 January 2026, with a grace period to 29 July 2026 for newly added industries (Consumer and Business Services).SAACT: the licensing scheme began on 27 May 2021 (WorkSafe ACT).ACTNSW: no licensing scheme in New South Wales (nsw.gov.au).NSWWA: no specific labour hire regulation, as at March 2023 (Commonwealth department consultation paper).WATAS: no specific labour hire regulation, as at March 2023 (Commonwealth department consultation paper).TASNT: no specific labour hire regulation, as at March 2023 (Commonwealth department consultation paper).NT Three schemes with the day each began, and the day South Australia’s was extended to all industries; then the four jurisdictions with none recorded.Licensed: QLD 16 April 2018 · VIC 29 April 2019SA all industries from 29 January 2026ACT 27 May 2021No licensing scheme: NSWAs at March 2023, no specificlabour hire regulation: WA, TAS, NT employment and pay the workplace and its safety same job, same pay,when an order applies the host’s own employee the labour hire company the host business the worker
  1. Question 1: Who employs a labour hire worker, and who pays them?
  2. Question 2: Does a labour hire company need a licence?
  3. Question 3: Can a business use an unlicensed labour hire provider?
  4. Question 4: How do I check a labour hire company’s licence?
  5. Question 5: Who is responsible for a labour hire worker’s safety?
  6. Question 6: What is a “same job, same pay” order?

The four dates on the tabs come from each jurisdiction’s own licensing regulator; NSW’s answer is from nsw.gov.au, and the WA, TAS and NT position is the Commonwealth department’s, as at March 2023.

Eight jurisdiction tabs in two rows: QLD, VIC, SA, ACT, NSW, WA, TAS, NT. A solid tab is a jurisdiction with a licensing scheme; an open tab is one where the source named on it recorded none, at the date that source gives.QLD: labour hire providers must be licensed; the Act commenced on 16 April 2018 (Labour Hire Licensing Queensland).QLDVIC: a labour hire provider must hold a licence, and a host may engage only a licensed provider; the scheme began on 29 April 2019 (Labour Hire Authority).VICSA: licensing extended to all industries from 29 January 2026, with a grace period to 29 July 2026 for newly added industries (Consumer and Business Services).SAACT: the licensing scheme began on 27 May 2021 (WorkSafe ACT).ACTNSW: no licensing scheme in New South Wales (nsw.gov.au).NSWWA: no specific labour hire regulation, as at March 2023 (Commonwealth department consultation paper).WATAS: no specific labour hire regulation, as at March 2023 (Commonwealth department consultation paper).TASNT: no specific labour hire regulation, as at March 2023 (Commonwealth department consultation paper).NT 1 2 3 4 the host’s ownemployee the labour hire company the host business the worker Three schemes with the day each began, and the day South Australia’s was extended to all industries; then the four jurisdictions with none recorded.Licensed: QLD 16 April 2018 · VIC 29 April 2019SA all industries from 29 January 2026ACT 27 May 2021No licensing scheme: NSWAs at March 2023, no specificlabour hire regulation: WA, TAS, NT A key to the four numbers on the drawing: 1 pay, 2 safety, 3 licence, 4 same pay.1pay2safety3licence4same pay

The dashed line beside the worker is the same pay line: when an order applies, the pay must be at least the rate the host’s workplace instrument gives its own employees.

Both businesses, at the workplace

The safety side is a duty both businesses hold: the labour hire company and the host.

The national regulator names both sides of the arrangement: the labour hire agency and the host organisation are each a person conducting a business or undertaking.

“Both the labour hire agency and the host organisation are persons conducting a business or undertaking (PCBUs). As PCBUs they are both responsible for the health and safety of the labour hire worker.”

Safe Work Australia, labour hire WHS duties. Read 13 October 2026.

The host, as the PCBU at the workplace, must make sure workers have adequate and accessible facilities and access to first aid equipment and trained first aid officers.

An emergency plan must also be prepared, maintained and implemented for the workplace.

The labour hire PCBU, in turn, must check the host is providing a safe working environment, including access to adequate facilities, first aid, and emergency plans and procedures.

The starting duty for either business is to manage the risks the work creates for labour hire workers.

Each PCBU carries its own duties for workers’ health and safety, and the regulator says the businesses must consult one another as well.

What the host business is asked to do

SafeWork NSW’s page for host employers of labour hire workers sets the host’s part out under “You must look after the health and safety of your workers at work”:

  • “provide labour hire workers with a workplace specific induction. This will usually cover all the work health and safety elements particular to the workplace and the tasks they will be performing”.
  • “do not ask them to do anything that needs a special licence, like drive a car, a crane or a forklift, if they don’t have the right licence”.
  • “ensure the worker knows the work health and safety consultation process and how to report incidents and hazards”.
  • “consult the worker and the labour hire PCBU before any change to the scope or location of their work”.

The national regulator’s list adds the same consultation point: both PCBUs must make sure the worker understands the consultation process and how to report hazards or incidents, and that new hazards or changing risks are assessed and managed.

Personal protective equipment is part of it too: SafeWork NSW says the host and the labour hire agency need to agree who provides it.

SafeWork NSW’s page also puts the management of work-related risks from alcohol and other drugs on the businesses.

What the provider keeps

The labour hire business keeps the duties that travel with the worker: checking the qualifications, experience or licence the work needs.

It also provides any extra training the particular work requires, and a safety induction setting out the site’s WHS policies, procedures and practices.

None of it can be handed over: “Labour hire PCBUs and host PCBUs cannot contract out of or transfer their WHS duties to each other or another party.”

Where the two duties meet

For the duties both businesses carry, Safe Work Australia’s words are cooperative and coordinated: all the PCBUs in the arrangement must work together so that every duty is met.

The worker sits under both at once: Victoria’s Authority says that, for workplace safety, a host is treated as the worker’s employer on its site, and it asks hosts to consult, coordinate and cooperate with their providers.

Where the official words are

The shared duty lines are Safe Work Australia’s, the host’s list is SafeWork NSW’s, and the Victorian lines are the Labour Hire Authority’s. All were read on 13 October 2026.