Labour hire workers: New workplace safety laws, fines up to $270,000 in Victoria

Farmers who employ workers through labour hire companies will have greater responsibility for their safety under reforms in Victoria, which include fines up to $270,000.

Farmers will now have greater responsibility when it comes to their workers hired through labour hire companies. Picture: Tom Huntley/File

Workers employed by labour hire companies will have greater rights and protections under proposed changes to Victoria’s workplace health and safety laws.

The Victorian Government introduced the Occupational Health and Safety and Other Legislation Amendment Bill 2021 to parliament yesterday, with intent to extend the definition of “employer” and “employee” to ensure labour hire workers are considered employees of their host employer, such as a farmer.

Under current laws, the host employer does not owe labour hire workers the same health and safety duties as they do their own staff.

Harvest workers, such as fruit pickers, are often employed through labour hire companies. Picture: Luis Enrique Ascui

A Victorian Government statement said it also requires labour hire providers and host employers to consult and co-operate on their shared responsibility to ensure the safety of the workers, with fines up to $32,713 for individuals and $163,566 for businesses for any breach of this duty.

It said the Bill would also prevent employers from dodging liability for breaching workplace safety laws by prohibiting contracts that insure or indemnify a person against paying monetary penalties under workplace safety laws.

Under the proposed laws, entering, offering to enter or holding such a contract will have penalties of up to $54,522 for individuals and $272,610 for businesses.

Workplace Safety Minister Ingrid Stitt said they were “common sense changes”.

“These changes mean employers will no longer be able to dodge penalties where they’re responsible for a workplace safety breach — they’ll have to face the consequences,” Ms Stitt said.

The Bill also updates powers for health and safety representatives and authorised employee representatives to take photos or videos of suspected workplace safety breaches, as well as enabling WorkSafe inspectors to issue notices and reports electronically.

The government said the reforms were developed in consultation with industry and employee groups, and deliver on recommendations from key reviews, including the Inquiry into the Labour Hire Industry and Insecure Work and the Boland Review into the Model Work Health and Safety Act.

MORE

WORKPLACE MANSLAUGHTER LAWS PASSED DESPITE FARMER CONCERNS

WHAT AUSTRALIA’S NEW AG VISA COULD LOOK LIKE