examples and learnings case studies in labour hire · introduction . 2 case study 1. a labour hire...

Examples and learnings

Case studies in labour hire

Edition No. X Month 200XEdition No. 1 June 2008

On 18 June 2017, the Occupational Health and Safety Regulations 2017 (OHS Regulations 2017) replaced the Occupational Health and Safety Regulations 2007 (OHS Regulations 2007), which expired on this date. This publication has not yet been updated to reflect the changes introduced by the OHS Regulations 2017 and should not be relied upon as a substitute for legal advice.

Information on the key changes introduced by the OHS 2017 Regulations can be found in

the guidance titled Occupational Health and Safety Regulations 2017: Summary of changes

- available at https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0011/207659/ISBN-

OHS-regulations-summary-of-changes-2017-04.pdf. However, this guidance document

contains material of a general nature only and is not to be used as a substitute for obtaining

legal advice.

https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0011/207659/ISBN-OHS-regulations-summary-of-changes-2017-04.pdf

https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0011/207659/ISBN-OHS-regulations-summary-of-changes-2017-04.pdf

Introduction 2

Case Study 1

A labour hire agency in hospitality and events management 4

Case Study 2

A labour hire agency in large-scale industry 6

Case Study 3

A small specialist labour hire agency 8

Case Study 4

A large labour hire agency 10

Case Study 5

A host employer that is a city municipal council 12

Case Study 6

A regional host employer 14

Case Study 7

Labour hire employees on a permit-controlled site 16

Case Study 8

Induction of a nurse from a nursing agency 18

Good OHS and RTW practice in labour hire 20

Other guidance material and tools on OHS and RTW in labour hire 29

Contents

WorkSafe Victoria Case studies in labour hire – Introduction Page 1 of 2 2

Introduction

In 2006, the Victorian Government accepted a recommendation of a parliamentary inquiry into labour hire that further research should be undertaken into the causal links between occupational health and safety (OHS) practice and outcomes in the labour hire sector. In response, WorkSafe Victoria (WorkSafe) commissioned the Australian Centre for Research in Employment and Work (ACREW) at Monash University to conduct a study. ACREW examined current management practices of labour hire companies that lead to effective OHS outcomes for labour hire workers, host employers and labour hire agencies.

This publication is based on case studies developed by ACREW from information provided by agencies, host employers and interviews with labour hire employees.

It summarises the case studies developed by ACREW and points to good OHS practices. It also suggests ways the organisations covered in the case studies could enhance their systems to protect the health and safety of labour hire workers. The purpose is to encourage learnings that will drive further improvements in performance.

The case studies are not intended as a template to be followed in all circumstances. The aim is to encourage agencies and host employers to develop solutions that suit their particular situation. It is important to note that good practices and learnings from one industry can often be transferred to other industries.

This publication also provides a table that sets out the elements of good management of OHS and return to work (RTW) identified through the ACREW research. At the end, there is a comprehensive list of further resources available from WorkSafe to help labour hire agencies and host employers understand their obligations and manage OHS and RTW effectively. These resources will also help labour hire workers understand their rights and responsibilities.

These case studies supplement the relevant legislation and guidance material published by WorkSafe for the labour hire sector. The following should be consulted in particular:

• Occupational Health and Safety Act 2004

• Accident Compensation Act 1985• Occupational Health and Safety

Regulations 2007• Placing workers in safe workplaces

(WorkSafe)• Return to work guide for Victorian

employers (WorkSafe)

WorkSafe Victoria Case studies in labour hire – Introduction Page 2 of 2 3

Glossary

The following terms are used in this publication:

Agency Labour hire agency (see below).

AS 4801 Joint Australian/New Zealand Standard AS/NZS 4801: 2001 Occupational health and safety management systems.

CEO Chief executive officer.

DWG Designated work group (an agreed group of employees that elects one or more health and safety representatives).

Employee Employee of a labour hire agency.

Host employer The organisation that engages on-hired or labour hire employees who are employed by a labour hire agency.

HSR Health and safety representative (elected by employees).

Buddy Experienced permanent employee who is paired with a labour hire employee/new employee at a workplace to assist in learning about the workplace and work requirements.

KPI Key performance indicator.

Labour hire agency The employer of on-hired or labour hire employees.

OHS Occupational health and safety.

RTW Return to work (following a work-related injury or illness).

Worker Employee or contractor of a labour hire agency.

Introduction

WorkSafe Victoria Case studies in labour hire – Case Study 1 – Page 1 of 2 4

A labour hire agency has carved out a market for itself in hospitality and events management. While it began as a very small firm, it has grown much larger. Its host employers range from very small ‘mum and dad’ businesses to major international event management companies. It aims to supply highly skilled staff whose skills include OHS.

The agency always undertakes an OHS assessment of the host employer’s premises. It has checklists against which the host employer’s performance can be measured – covering areas such as electrical wiring, fire protection, flooring and general kitchen health and safety. In its experience, larger host employers are likely to have good OHS systems in place, but many smaller host employers are lacking in this area.

The agency will not take on a host employer that can’t meet the OHS standards it sets. In its experience, a host employer that will not meet OHS standards is not likely to be a good business risk in other respects, such as paying accounts. It also takes a firm line when it decides that a change in relation to OHS is required after its employees have started work with a host employer. If the host employer fails to make the change requested, the agency removes its employees until the issue is fixed. It will not enter into discussion that undermines its position on such changes. Often issues require immediate attention. For example, if the host employer wants a service to be provided that the employee is not trained to provide – in those circumstances the employee must not attempt to provide the service.

To keep up-to-date with the industry and its hazards and risks, all core staff at the agency must regularly work a shift at a host employer.

When matching employees to the proposed assignment at a host employer, the agency checks the skills of its employees through questioning. Where the assignment requires employees to operate equipment (such as a coffee machine), their practical skills are tested as well.

The agency ensures employees have an OHS induction at each employer. The induction focuses on awareness of risks and the risk-control measures in place. Because small firms may not undertake effective induction programs, employees are taught by the agency how to ‘self-induct’. This involves actions and observations, such as finding the exits and identifying possible risks. On large sites where the agency is supplying a group of employees, agency team leaders may accompany the employees during the induction and remain on-site for a further half day at least. For large events, such as the Commonwealth Games, agency team leaders remain permanently on-site.

All agency employees are instructed to tell the agency about OHS issues that arise during the course of the assignment. Some host employers do not inform the agency of such issues, preferring to deal with them through their own systems, but the agency insists employees provide it with the information. Employees must also tell the agency of any significant changes in the host workplace that might affect OHS.

If an employee is unhappy with the host employer for any reason, the agency withdraws them from that host employer and reassigns them.

All agency employees receive a booklet on OHS. The agency also gives them a credit card-sized plastic card which lists agency telephone numbers to be used if an OHS issue arises at the host employer. Employees have 24-hour access to the agency if such issues arise. The agency responds immediately. Sometimes that response may be only telephoned advice, but if the incident is more serious the agency attends the site straight away. In all cases, the agency CEO must be informed.

The agency encourages its employees to have a strong feeling of belonging with the agency as their employer. They are welcome to drop in to the head office and use office equipment, such as PCs. The agency encourages a relaxed atmosphere that helps employees to feel comfortable about raising OHS issues. This means communication can be informal as well as formal.

Injured workers are assisted to return to work, either by being assigned work in the agency office or through being offered to a host employer to undertake a suitable assignment free of charge. The agency takes a personal interest in ensuring its employees return to work as soon as possible. The agency believes it is important to be able to speak ‘off the record’ to host employers about what they can do jointly to assist an injured employee return to work, especially where a traumatic injury has occurred.

Case Study 1 A labour hire agency in hospitality and events management


Review of Case Study 1

Good OHS practices in this case study

• The agency assesses host employers’ OHS systems.• The agency rejects host employers who do not meet its OHS standards.• The agency requires host employers to make changes to protect the

health and safety of the agency’s employees.• The agency is actively involved in host employers’ induction of

agency employees.• The agency teaches its employees to self-induct.• The agency has systems for its employees to inform it of OHS issues

and changes to work tasks.• There is good communication between the agency and its employees.• The agency ensures effective RTW processes, with involvement of the

host employer as appropriate.

Suggested enhancements • The agency checks whether appropriate OHS systems are in place, even at small host employers.

• The OHS knowledge and skills of all agency employees should be verified (e.g. by checking licences and certificates, referee checks and practical demonstrations).

• The agency should monitor and review the OHS arrangements for its placements on a regular basis to ensure compliance with its procedures and identify opportunities for improvement.

• The agency’s OHS management system should be audited on a regular basis and the audit results should be reported to its board.

• All host employers (even small ones) should be required to induct agency employees.

• The agency and host employer should develop written OHS policies and procedures in consultation with HSRs and employees.

• The host employer should be required to inform and consult with the agency on OHS issues and changes to work tasks.

• The agency must ensure employees are consulted about OHS matters and should facilitate representation by an HSR.

• The agency looks at whether the particular needs of young workers and workers from culturally and linguistically diverse backgrounds are addressed.

A labour hire agency in hospitality and events management

Case Study 1


This agency supplies labour to mining, oil and gas, construction, energy and engineering companies. It has decided to remain focused on industry sectors where it has expertise, rather than diversifying. For its expertise, it relies on former participants in the target industry sectors who are now agency consultants.

The agency looks for host employers who have strict OHS regimes. The agency believes there is nothing smart about cutting corners – it is bad business, harms the firm’s reputation and costs money. The agency therefore refuses to supply labour to prospective host employers unless they have appropriate OHS systems in place. It makes an assessment of every prospective host employer. Pro-formas from WorkSafe’s website are used to document the assessment, supplemented by guidance from the agency on how its consultant should carry out the assessment. The assessment covers all aspects of OHS and RTW.

Where uncontrolled risks are identified, the agency works with the host employer to develop an action plan to establish appropriate risk controls.

Through the assessments it carries out, the agency has a comprehensive record of its host employers. Because it knows what good host employers can achieve, it can encourage other prospective host employers to meet the same standards.

The agency makes sure its employees hold the required licences and certificates, and checks all references. It involves the host employer in selecting employees. The agency carries out an induction program (even if the employee has previously worked in similar activities and sites). The agency induction is provided online and is tested. The agency also provides on-site and general OHS training, followed by the host employer conducting an on-site induction, which is documented by the agency.

The agency maintains an active presence on-site to let employees know their employer is interested in their welfare. It verifies its employees are a member of a DWG on-site and encourages them to make contact with their HSRs as a key part of becoming a member of the team.

All the agency’s employees are equipped with a mobile phone to maintain contact with the agency by text message or phone call.

When an OHS incident occurs, the agency becomes actively involved in the investigation, along with the host employer, to ensure all risks are controlled.

As part of its initial assessment of the suitability of a new host employer, the agency investigates the willingness of the client to support the RTW of any agency employee who may be injured in the host employer’s workplace. Where such an injury occurs, the agency encourages the host employer to support the RTW of the employee.

Case Study 2 A labour hire agency in large-scale industry




• The agency carries out a detailed assessment of the host employer’s OHS systems.

• The agency rejects host employers who do not meet its OHS standards.• The agency works with the host employer to ensure all risks are controlled.• The agency checks employee licences, certificates and references.• The agency provides an induction program and general OHS training.• The agency documents the host employer’s on-site OHS training. • There is good communication between the agency and its employees.• Agency employees are represented by host employer HSRs.1 • There is agency involvement in investigation of OHS incidents.• The agency assesses the host employer’s willingness to be involved in RTW

processes as part of its assessment of the suitability of the host employer.

Suggested enhancements • The agency should monitor and review OHS arrangements for its placements on a regular basis to ensure compliance with its procedures and identify opportunities for improvement.


• The agency and host employer should develop written OHS policies and procedures in consultation with HSRs and employees.

• Online training should be assessed on a case-by-case basis to determine its suitability for the audience and whether additional training (possibly on a face-to-face basis) is required.2

• The agency must ensure employees are consulted about OHS matters.• The agency looks at whether the particular needs of young workers and

workers from culturally and linguistically diverse backgrounds are addressed.

A labour hire agency in large-scale industryCase Study 2

1 Agency employees can only be represented by host employer HSRs where this has been agreed between the host employer and its direct employees. See OHS Act s.44(1)(e).

2 For example, online generic OHS training may be supported by on-the-job training on how to perform a specific task safely and without risk to health.


This agency is a small niche firm that remains under the management and control of its founder and has chosen not to expand. It supplies specialist tradespersons in a sector where there is a high demand. Most of its placements occur regularly with the same host employers, therefore a close relationship has been built up between the agency, host employer and employee.

The agency’s owner-manager knows all his employees personally and knows their qualifications and experience in detail. He has personally operated the equipment and understands the calls on their expertise.

Before the agency enters into a relationship with a new host employer, the manager assesses its premises and equipment to ensure they satisfactorily meet the agency’s standards. To do this, he uses a checklist he has compiled over the years, which he has checked against the WorkSafe pro-formas and other OHS information. He supplements the checklist with his own observations about shortcomings in the workplace. If something needs improving, he is able to have a quiet word to the site supervisor or manager. They listen to him because of his knowledge of the sector and familiarity with other workplaces.

Because of the close relationship between the agency and its host employers, the agency manager generally provides the employee with a general induction to the workplace and task at the agency office. The agency manager also accompanies the employee to the site for an induction session provided by the host employer. He also checks they are familiar with the equipment used by the host employer (which may be different to equipment they have used elsewhere). If necessary, he arranges refresher courses for the employee and for a ‘buddy’ in the workplace to assist the agency employee to become familiar with any new machinery.

As he is already known at the site and his requirements are clear, the agency manager is able to come and go at short notice to meet and catch up with agency employees.

If agency employees need to contact the manager, they can reach him by phone at any time (including when he is at home). The agency holds regular informal get-togethers with its employees that invite discussion about what is happening on the job front.

There have been no work-related injuries among agency employees. They have been assured if they are injured, the agency will take care of them.

Case Study 3 A small specialist labour hire agency




• The agency is familiar with the knowledge and skills of its employees.• The agency assesses the workplace prior to placement and ensures any

concerns are addressed.• The agency and host employer both provide induction to the workplace

and task.• A ‘buddy’ system is implemented to ensure familiarity with equipment

at the host employer.• There is good communication between the agency and its employees.

Suggested enhancements • The agency should monitor and review the OHS arrangements for its placements on a regular basis to ensure compliance with its procedures and identify opportunities for improvement.


• The agency must ensure employees are consulted about OHS matters and should facilitate representation of employees by an HSR.

• The agency looks at whether the particular needs of young workers and workers from culturally and linguistically diverse backgrounds are addressed.

A small specialist labour hire agencyCase Study 3


A large metropolitan labour hire agency, which is part of a global agency network, supplies labour to any geographic area and industry sector, provided the host employer does not involve an unacceptable business risk. For this reason, it does not provide labour to industries it considers to be high risk. It has thousands of employees and host employers on its books.

The agency regards a positive OHS record as critical to being recognised as a quality labour supplier. OHS goals are an important part of its overall business goals. It rigorously assesses its own OHS systems, its employees and the OHS systems of its host employers. While designated staff have overall responsibility for OHS, the agency ensures OHS is built into the accountabilities of its entire staff. Among other things, this ensures the OHS system does not fall over if the designated staff aren’t available for any reason.

It assesses the OHS system of prospective host employers by inspecting their site, as this is the best way to see the system in operation. Prospective host employers must walk the agency’s consultant through the jobs under consideration. They must give the agency access to their injury register and records of incidents and ‘near misses’ for a number of years so it gets a more complete picture of the firm’s performance.

If the agency identifies a hazard, it asks if the client has already identified it and whether it has implemented any controls. It seeks proof the risk is being addressed. The agency will not enter into a business arrangement with a host employer that is not implementing adequate controls.

Agency employees receive a general OHS induction before each assignment. To get information across effectively and avoid ‘induction fatigue’, the agency seeks to use developing media techniques. The agency tests employees after the induction to make sure they have absorbed the information. Because it is part of a global labour hire network, the agency is able to provide the induction in languages other than English.

Employees are encouraged to tell the agency of any issues that arise during their assignment. Its consultants visit employees on-site during the course of their assignment and are instructed to include OHS matters in their discussions with employees.

Employees are represented by HSRs within the agency; however, it is sometimes difficult for these HSRs to get access to the host employer workplaces where the members of their DWG are working.

If an employee is injured, the agency supports RTW by providing the employee as ‘free labour’ to the host employer or another host employer for a short period. It sees this as a short-term cost to the agency, but a long-term gain for all parties.

Case Study 4 A large labour hire agency




• The agency integrates OHS accountabilities into its business operations.• The agency assesses host employers’ OHS systems and risk controls.• The agency rejects host employers who do not meet its OHS standards.• The agency provides a general OHS induction to employees, including

in languages other than English where appropriate. • There is good communication between the agency and its employees.• Employees are represented by HSRs.• The agency actively promotes RTW of injured employees as soon

as it is safe for them to do so.

Suggested enhancements • The agency should monitor and review the OHS arrangements for its placements on a regular basis to ensure compliance with its procedures and identify opportunities for improvement.


• The agency must ensure employees are consulted about OHS matters.• The agency ensures its contracts with host employers permit HSRs access

to the host employer workplace. • The agency looks at whether the particular needs of young workers and

workers from culturally and linguistically diverse backgrounds are addressed.

A large labour hire agencyCase Study 4


This council, unlike many others, has kept many of its services in-house. However, it also uses labour hire employees, mostly skilled or semi-skilled, to meet peak shortages and work on short-term projects. The council is reputed to have a very good OHS system driven by an energetic manager. The system has proven to be effective in all the councils’ workplaces.

In selecting labour hire agencies, council officers rely on their own knowledge and experience of reliable suppliers. The council inducts labour hire employees into its OHS system, which includes OHS risks and the risk-control measures in place, the arrangements for reporting hazards and incidents, the OHS consultation arrangements in the workplace, and who the relevant management representatives and HSRs are. This induction is repeated annually for any labour hire employees on extended contracts – all such employees without exception are expected to participate.

The council tests the OHS knowledge, understanding and skills of new labour hire employees because it has found that certificates may be inadequate evidence of the required OHS knowledge, understanding and skills. Any labour hire employee who does not meet the required standard is returned to the agency. Once labour hire employees have been accepted, they are put into a ‘buddy’ system (paired with an experienced permanent employee).

The council assumes OHS responsibility for labour hire employees in its workplaces. It acknowledges the agency shares that responsibility, but the agency is not in a practical position to control the OHS of labour hire employees on site all day, every day.

However, the council leaves RTW with the labour hire agency because that is the basis on which it decided to use hired labour in the first place.

Case Study 5 A host employer that is a city municipal council




• The host employer provides ongoing OHS induction for labour hire employees.• The labour hire employees are integrated into the host employer’s OHS

consultation arrangements and DWGs.3

• The host employer tests the OHS knowledge, understanding and skills of labour hire employees.

• The host employer implements a ‘buddy’ system for labour hire employees.• The labour hire agency and host employer acknowledge their key

responsibilities for the OHS of labour hire employees.

Suggested enhancements • The host employer looks at whether the particular needs of young workers and workers from culturally and linguistically diverse backgrounds are addressed.

• The host employer assists the labour hire agency to return an employee injured in its workplace to work.

A host employer that is a city municipal council

Case Study 5



A utilities firm based in a regional centre is a small employer for most of the year, but it has peak demands for labour that lead to its use of labour hire employees. As the firm is very familiar with the labour hire agencies in the regional centre and their employees, it is able to select those who meet its needs.

The host employer has a sophisticated OHS system that it benchmarks against its peers nationally and internationally. The system is accredited to AS 4801 (see Glossary) and the relevant International Standard.

The host employer treats its own direct employees and labour hire employees the same. Labour hire employees are expected to comply with the host employer’s OHS system. The initial induction provided by the host employer covers all components of its OHS system. It aims to convince labour hire employees of the importance of OHS to the host employer and encourages them to raise and discuss any OHS issue at any time.

The host employer provides training to labour hire employees on the same basis as its direct employees. There is a contract supervisor who is the first point of contact with the host employer for labour hire employees.

Labour hire employees are represented by the host employer’s HSRs, who also attend the monthly safety meetings that each labour hire agency holds for its own staff on-site.

If necessary, the host employer provides an RTW program in conjunction with the labour hire agency.

Case Study 6 A regional host employer




• Labour hire employees are integrated into the host employer’s workforce.• The host employer provides induction and training for all labour hire employees.• There is good communication between the host employer and labour

hire employees.• Labour hire employees are represented by HSRs at the host employer.• The host employer is actively involved in the RTW of injured employees.

Suggested enhancements • The host employer should maintain regular communication with the labour hire agency, covering matters such as induction, training, proposed changes to the work tasks and OHS incidents.

• The host employer must consult with labour hire employees about OHS matters, including proposed changes that may impact on OHS.

• The host employer looks at whether the particular needs of young workers and workers from culturally and linguistically diverse backgrounds are addressed.

A regional host employerCase Study 6


A group of labour hire employees who are qualified tradespersons mainly work at one or two sites. Because of the nature of their work, the sites contain a number of risks that must be controlled. Their agency is very familiar with the sites and the host employers. The employees are comfortable that their agency and the host employer are committed to protecting their health and safety.

The host employer provides an induction for the labour hire employees before they start work. Inductions are repeated on a yearly basis if employees are still working at the site. The induction repeats some information they already know – but sometimes telephone numbers and contact details change or there are changes in regulations that they need to know. All this information is also available from bulletin noticeboards around the site.

Their agency has trained them to understand the common risks and risk-control measures in the sites where they work. In this case, the host employer operates a permit system (a permit is required for every part of the site and every specialised task). The labour hire employees have become used to verifying their permits as they move across the site. If they notice any laxness in the system, they do not hesitate to tell the host employer supervisor.

Before starting work on their shift, the labour hire employees check the risk assessment for the work area and task, and check the area has been isolated as required. The host employer provides them with a pocket-sized checklist of hazards and risks that they use to check risk

controls are effectively in place at the start of each day or when they move to a new task or part of the site.

Their agency comes on-site regularly and, like the host employer, is quick to point out if the employees are not operating to the right OHS standard. They are encouraged to report any incidents to both their agency and the host employer.

The host employer consults with all employees, including the labour hire employees, at monthly health and safety meetings. The labour hire employees can bring up issues and hear what management has to say. These meetings are in paid time. There are also daily toolbox meetings to provide orientation for the day and address OHS issues as they arise. Through these meetings, the labour hire employees get current information on who is working on the site, where they are working, what they are doing and what it means for them.

The labour hire employees are represented by agency HSRs who visit the site on a regular basis. They can also contact their union if they want to (the host employer is not concerned about this).

Because of these system supports, the labour hire employees are confident about their own welfare. If they do suffer an injury, their agency supports them through rehabilitation and provides them with light work until they are fit to return to their main jobs.

Case Study 7 Labour hire employees on a permit-controlled site




• The labour hire employees are provided with induction and training by the agency and host employer.

• There is good communication among the host employer, agency and labour hire employees.

• The labour hire employees are encouraged to report OHS incidents to the agency and host employer.

• The host employer actively consults labour hire employees on OHS matters.• The labour hire employees are represented by agency HSRs who visit the

host employer.• The agency ensures injured labour hire employees are assisted to return

to work through provision of suitable duties.

Suggested enhancements • The host employer and labour hire agency look at whether the particular needs of young workers and workers from culturally and linguistically diverse backgrounds are addressed.

Labour hire employees on a permit-controlled site

Case Study 7


A small metropolitan private hospital knows how dependent it is on the quality and availability of qualified nursing agency staff, and therefore it uses only a small number of agencies to supply its needs. The agency has assessed the hospital and is satisfied with its OHS systems and practices. For its part, the hospital is satisfied with the agency’s vetting of nurses it places in the hospital.

The agency ensures it is satisfied with the specific tasks for which its employee is required, the risks involved in those tasks and the risk-control measures in place at the hospital. Examples of the risks that may be present are manual handling risks, risks involved in caring for patients with psychiatric conditions, and infection risks. The agency ensures its nurse is fully briefed about any risks and the hospital’s risk-control measures. It also ensures the nurse has the knowledge and skills required for the proposed work tasks. The nurse is advised of the return to work arrangements if there is a work-related injury or illness.

At the hospital, the agency nurse receives a full on-site induction. This involves:

• the hospital verifying the agency nurse has the OHS knowledge, understanding and skills to carry out the specific tasks

• the nurse gaining an understanding of the local working conditions, risks and risk-control measures, and

• the nurse spending a full shift with a senior member of the permanent nursing staff, who will ensure the nurse understands the risks and risk controls in the assigned unit.

As part of the induction, the agency nurse receives a general introduction to the hospital and its fire and other emergency procedures. The agency nurse is given a handy pocket-sized guide to emergency codes that can be communicated over the internal telephone system, mobile telephones and security keypads. The supervisor checks the agency nurse understands the codes and any terminology that may be specific to this hospital. While the hospital does not expect the agency nurse to be involved in any significant manual handling, such as lifting patients, the supervisor checks the agency nurse’s training and skills in lifting conform with the hospital’s requirements. The induction includes procedures for dealing with patients with specific conditions, such as dementia, that may give rise to risks. It also covers the arrangements for nurses to be represented in relation to OHS.

The agency nurse accompanies the supervisor on a shift, where they observe hospital procedures and carry out tasks under supervision. At the end of the supervised shift, the supervisor provides the agency nurse with feedback and introduces them to their mentor. The mentor will be available for six months to provide further introductions to the hospital’s OHS system and the regime for drug administration and pathology. The induction supervisor and the mentor nurse then go over other elements of the hospital’s OHS system. All incidents and ‘near misses’ must be reported to the nurse unit manager. The agency nurse is shown a noticeboard on which health and safety information, details of HSRs in the hospital, and information on the hospital’s OHS policies and record are posted.

The supervising nurse introduces the new colleague to the HSR for this area.

The supervisor and the mentor both assure themselves they have the agency’s contact details and that the agency nurse is ready to start work. They emphasise the nurse remains an agency employee and must therefore contact the agency, as well as their workplace supervisors, about any matter that concerns them. The mentor accompanies the agency nurse to their ward and introduces them to other staff. The mentor reviews with the agency nurse the patients and likely care requirements in the short-term future. Then the agency nurse commences work in their allocated role.

Case Study 8 Induction of a nurse from a nursing agency




• The nursing agency carries out an assessment of the hospital prior to placement and is satisfied with the tasks, risks and risk-control measures.

• The nursing agency ensures the nurse has the required OHS knowledge, understanding and skills, and briefs them on the tasks, risks and risk-control measures.

• The hospital checks the agency nurse’s OHS knowledge, understanding, skills and training.

• The hospital provides detailed induction, including a supervised shift in the workplace.

• The hospital advises the agency nurse of the system for reporting incidents.• The hospital encourages the agency nurse to report concerns to the agency

as well as to the hospital.• The agency nurse is represented by an HSR4 in the hospital.

Suggested enhancements • Induction should include the arrangements for consultation with employees about OHS matters.

Induction of a nurse from a nursing agencyCase Study 8


WorkSafe Victoria Case studies in labour hire – Good OHS and RTW practice – Page 1 of 9 20

OHS targets are set and achieved

The agency and the host employer accept joint responsibility for the health and safety of workers. They jointly:

• set targets for improved OHS performance• develop systems to achieve these targets• establish accountabilities for achieving these targets• ensure staff with accountabilities are trained, and• employ or engage suitably qualified people to give OHS advice.

A board member (or ‘OHS champion’) is designated for oversight.

OHS is assigned the highest corporate priority – a safety culture is promoted and resources are available for OHS.

OHS is integrated into the business plan with specific organisational goals.

There is an OHS management system that features (in addition to the items set out in the dot points above):

• Board or CEO monitoring of the accountable managers• trained back-up personnel if the accountable manager is unavailable, and• meaningful KPIs for injury and illness reporting.

There are annual publicised OHS awards within the organisation.

Performance against targets and initiatives for change are publicised.

Good OHS and RTW practice in labour hire

Good practice in managing OHS and RTW in labour hire situations is effective joint management by the labour hire agency and the host employer to ensure the welfare of labour hire workers. This table sets out the features of good practice in managing OHS and RTW in labour hire situations and some ways in which good practice can be further enhanced.

Ultimate legal responsibility in relation to RTW lies with the labour hire agency. However, it is good practice for the agency and host employer to agree on co-operative arrangements to assist an injured worker to return to work.


The agency ensures its employees with OHS responsibilities have appropriate skills

The agency ensures its employees with OHS responsibilities (such as recruitment consultants and employees conducting on-site pre-placement risk assessments) have an appropriate level of knowledge, understanding and skills in OHS.

The agency assists these employees upgrade their OHS knowledge, understanding and skills whenever required.

The employees’ knowledge, understanding and skills are verified before these employees commence their tasks.

The labour hire agency gives its workers an OHS induction

The agency advises workers who to contact on OHS issues and who their agency and host employer HSRs are.

The agency provides an OHS induction with content specific to the host employer. Where appropriate, the induction is provided on-site. The agency ensures workers understand the respective responsibilities of employers and workers for health and safety.

The agency checks OHS inductions provided by the agency and the host employer do not result in the workers ‘switching off’.

The agency checks the workers have understood and can apply the knowledge communicated through the induction.

The agency tests the effectiveness of knowledge transfer.



The agency gathers all relevant OHS information about the proposed placement

The agency verifies the host employer’s OHS incident record and other OHS records for the previous five years. It establishes a protocol for ongoing access to the host employer’s OHS records (e.g. injury register, hazard report forms, investigation reports).

The agency verifies the host employer has a systematic approach to managing OHS and in particular that it has written OHS policies and procedures developed in consultation with HSRs and workers.

The agency determines what specific skills are required of the worker by going through the job description and summary of tasks.

The agency tests its workers’ skills and ability to do the proposed tasks safely.

The agency verifies the worker’s required hours of work, the duration of the proposed placement, and the level of supervision, instruction and training the host employer will provide are appropriate.

The agency checks the worker has:

• the relevant certification or licences required for the proposed placement, and• the experience and current knowledge, understanding and skills required for

the proposed placement (verified through reference checks).

The agency obtains information about the proposed work environment, particularly in relation to:

• the hazards and risks that are present in the work environment and how the risks are controlled

• the procedures for reporting OHS issues• how workers are represented and consulted, and• specific arrangements to protect the health and safety of young workers and

workers from different cultural and language backgrounds.

The agency regularly monitors and evaluates its performance in relation to its OHS and RTW obligations to workers.

The host employer reviews the agency’s OHS records for the previous five years.

The host employer verifies how the agency consults its workers.

The host employer verifies the agency’s willingness and capacity to monitor OHS in the host employer’s workplace and attend on site.

The host employer seeks the agency’s agreement for the agency to be involved in any incident or ‘near miss’ investigations.



The agency assesses the workplace before the proposed placement

The agency and the host employer jointly carry out a site assessment. The agency ensures that its staff are competent to carry out the assessment. The host employer ensures its supervisors on-site are competent to carry out the assessment. They jointly verify whether the information the host employer provided the agency is correct.

The host employer and agency ‘own’ the hazards and risks on-site that are within their respective control. The host employer and agency demonstrate that hazards have been identified and risks controlled. Where appropriate, the agency assists the host employer to implement controls.

The agency and host employer assess each other’s OHS management system by:

• sighting documentation, such as OHS procedures and manuals• verifying arrangements for employee representation (HSRs) • verifying the agency and host employer consult with their workers about

OHS matters• verifying incident reporting arrangements• verifying procedures for first aid and emergency evacuation, and• checking the information provided with direct employees of the host employer

and agency.

The agency rejects the host employer as its client if it does not comply with the agency’s requirements. The agency does not refer the host employer to another agency.

The agency monitors and reviews the OHS arrangements for its placements

The agency has written OHS policies and procedures developed in consultation with HSRs and employees.

The agency ensures its consultants are trained in its OHS policies and procedures.

The agency monitors and reviews the OHS arrangements for its placements on a regular basis to ensure compliance with its procedures and identify opportunities for improvement.

The agency’s OHS management system is audited on a regular basis and the audit results are reported to its Board.



The host employer provides an induction for the labour hire worker

The host employer provides an on-site induction for the labour hire worker that as a minimum covers:

• the hazards and risks in the workplace • the risk-control measures in place in the workplace • the representation and consultation arrangements, and • the hazard and incident reporting procedures.

The host employer checks the worker has understood and can apply the knowledge communicated through the induction.

The agency and host employer ensure the labour hire worker is appropriately trained

The agency verifies what training is required for the placement. The agency and host employer jointly ensure that training is provided by a competent provider. The agency and host employer jointly check the worker has understood and can apply the knowledge and skills communicated through the training.

The agency maintains a pool of workers trained in OHS for placement.

The agency and the host employer co-ordinate joint training programs (e.g. by integrating labour hire workers into the host employer’s training programs).

The agency assists its workers to upgrade their OHS knowledge, understanding and skills.

The agency maintains relationships with one or more registered training organisations that can provide suitable training.

Knowledge, understanding and skills gained through training are verified on-site before deployment.

The host employer ensures the effectiveness of any necessary permit access restrictions on-site

The host employer considers the merits of a permit system for the workplace.

The host employer amends its OHS management system to include a permit system.

The host employer ensures that training in the requirements of the permit system is provided.

The host employer ensures that any necessary permit access restrictions are in place and the worker is aware of them.



The host employer ensures effective supervision of the labour hire agency worker

The host employer ensures the worker knows who the relevant supervisor is and how to contact him or her.

The host employer ensures supervision of the worker is effective.

The host employer ensures labour hire workers are integrated into the workplace.

The host employer implements a ‘buddy’ system for new workers.

The host employer conducts regular meetings with host and agency workers at which OHS issues are raised, discussed and reported on.

The host employer provides mentoring for its supervisors to ensure effective supervision of labour hire workers.

The host employer Board or CEO receives reports of these issues and how they are addressed.

Supervisors regularly report to their managers on issues raised by labour hire workers at toolbox meetings, etc.

The host employer actively monitors OHS in the workplace

The host employer ensures risk-control measures in place are maintained and continue to be effective.

The host employer regularly seeks to identify new hazards and to implement more effective control measures.

The host employer regularly tests its emergency systems to ensure communication is effective and response times are within acceptable limits.

The host employer regularly inspects the workplace to increase its understanding of the hazards and risks in the workplace.

The host employer includes the labour hire agency in regular tests of its emergency systems.

The host employer ensures agency workers are aware of and understand the risks and the risk-control measures in the workplace.

The host employer immediately notifies labour hire workers of identification of new hazards, and measures to control any resulting risks.

The agency ensures consultation with its worker during the placement

The agency consults with the employee in an ongoing manner during the placement.



The host employer ensures there are effective processes for reporting OHS incidents (including ‘near misses’)

The host employer ensures OHS incidents (including ‘near misses’) are reported to:

• the relevant supervisor and/or management representative• the HSR• the agency, and where required• WorkSafe.

The host employer ensures that reported incidents are investigated and the risk-control measures are reviewed.

The host employer verifies any necessary corrective actions are implemented.

The host employer reports all incidents and ‘near misses’ to its CEO and Board, as well as the resulting corrective actions and initiatives.

The host employer provides labour hire workers with user-friendly aids for reporting incidents and ‘near misses’.

The host employer has a system to provide feedback to labour hire workers on the results of investigations and system reviews.

The host employer makes information on its OHS performance available to labour hire workers in an easily comprehensible form (e.g. graphs or pie charts).

Labour hire workers are involved in the investigation of incidents and ‘near misses’ where relevant.

The host employer and agency include the worker in the workplace consultation arrangements

The agency verifies the host employer has arrangements for consultation with the worker (in addition to the agency’s own arrangements).

The host employer consults with its workers about all OHS issues. The host employer ensures the worker is included in the consultation arrangements in the workplace.



The worker is represented by an HSR

The worker is represented on OHS matters by either:

• an HSR in the host employer’s workplace who the host employer and its employees have agreed will represent workers of the agency

• an HSR specifically elected to represent workers of the agency, and/or• an HSR elected to represent workers of the agency and other workers through

a multiple employer arrangement.

The agency and host employer actively promote workplace representation.

The host employer seeks labour hire workers’ input into its representative arrangements.

Where appropriate, the host employer seeks to renegotiate the agreed DWGs in its workplaces to ensure labour hire workers are represented by one or more HSRs.

Where unions represent workers on-site, the host employer facilitates union contact with labour hire workers.

The host employer ensures changes in the workplace and work tasks are not made without consultation

The agency and host employer ensure the host employer communicates any proposed changes to the workplace or work tasks to the agency and worker.

The host employer and agency ensure the worker is consulted before any changes are made in the workplace or work tasks.

The host employer does not direct the worker to perform a new task without the approval of the agency and the worker being assessed as having the knowledge, understanding and skills to perform the task.

The host employer integrates labour hire workers into consultation about, and in preparation for, workplace changes, whether or not the proposed changes are in the placement timeframe of the labour hire workers.

There is regular and open communication between the agency and the host employer

The agency and the host employer establish a protocol for:

• regular communication and meetings• incident reporting, and• notification of proposed changes to the work tasks.

The agency and the host employer establish a relationship that includes informal as well as formal communications between them.



Where the worker suffers a work-related injury or illness while working at the host employer’s workplace, they return to work as soon as it is safe to do so

As the employer with the responsibility to return the worker to work as soon as possible, where appropriate, the agency works co-operatively with the host employer to assist the worker to return to work and provide suitable alternative duties.

The agency holds position offers open and returns workers to the same or equivalent roles when they return to work.

The agency maintains contact with workers who have suffered a work-related injury or illness.

The agency establishes an RTW plan in consultation with the injured worker and their medical adviser and has a proactive approach to identifying and providing duties that match the worker’s work capacity.

The agency appoints a RTW co-ordinator who is trained and has the authority to identify appropriate duties and make offers of employment.

The agency establishes a RTW risk-management plan.

The agency uses a prospective host employer’s attitude towards RTW programs as a significant criterion in decision-making about contracting with or retaining the host employer as a client.

The agency develops a persuasive business plan that emphasises the business benefits of RTW and retention of trained workers.

Wherever possible, the agency provides placements within its organisation for injured workers on an interim basis.

The agency provides no-cost or shared-cost placements with host employers for injured workers.

The agency establishes RTW arrangements with host employers.


WorkSafe Victoria Case studies in labour hire – Other guidance material and tools Page 1 of 1 29

The guidance material and tools listed below can be downloaded from worksafe.vic.gov.au.

Publications

Host employers: Managing the safety of labour hire workers

How to consult with your workers

Labour hire agencies: Managing the safety of on-hired workers

Labour hire workers: OHS rights and responsibilities

Placing workers in safe workplaces

Return to work guide for Victorian employers

Return to work plan including offer of suitable employment

Worksheet and Assessments

Agreed actions record

Assessment of host employer’s system for managing OHS

Employee induction assessment sheet

First contact checklist – host employers

Hazard/incident/accident report form

Hazard register

Host employer induction checklist

Job and training record

Job safety assessment

Labour hire agency health and safety health check

Labour hire agency induction checklist

Monitoring inspection record

Training register for temporary staff

Training register for permanent staff

Small Business Health and Safety Assistance Program

worksafe.vic.gov.au/smallbusassist

Other guidance material and tools on OHS and RTW in labour hire

VWA1157/01/06.08

WorkSafe Victoria

Advisory Service

222 Exhibition Street Melbourne 3000

Phone 03 9641 1444 Toll-free 1800 136 089 Email [email protected]

Head Office

222 Exhibition Street Melbourne 3000

Phone 03 9641 1555 Toll-free 1800 136 089 Website worksafe.vic.gov.au

Local Offices

Ballarat 03 5338 4444 Bendigo 03 5443 8866 Dandenong 03 8792 9000 Geelong 03 5226 1200 Melbourne (628 Bourke Street) 03 9941 0558 Mildura 03 5021 4001 Mulgrave 03 9565 9444 Preston 03 9485 4555 Shepparton 03 5831 8260 Traralgon 03 5174 8900 Wangaratta 03 5721 8588 Warrnambool 03 5564 3200

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