The obligation
Host employers owe the same OHS Act duties to labour hire workers as to their own employees, following the 2021 amendment.
The Occupational Health and Safety and Other Legislation Amendment Act 2021 (assented 22 September 2021) extended the definition of 'employee' for OHS Act purposes so that host employers owe all OHS Act duties to labour hire workers placed with them. Contracts or arrangements purporting to insure or indemnify a person against liability for a monetary penalty under the OHS, DG, or EPS Acts are also void under this amendment.
- What
- Host employers owe the same OHS Act duties to labour hire workers as to their own employees, following the 2021 amendment.
- Source
- worksafe.vic.gov.au
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Labels
labour-hire
host-employer
2021-amendment
Victoria
Official sources
Frequently asked questions
Which WHS law does this come from?
Extended Duties to Labour Hire Workers — 2021 Amendment is a WHS requirement set out in Occupational Health and Safety Act 2004 (VIC). The relevant provision is Occupational Health and Safety Act 2004 > 2021 Amendment.
What does this WHS obligation require?
Extended Duties to Labour Hire Workers — 2021 Amendment is a WHS obligation under Occupational Health and Safety Act 2004 (VIC). In short, Host employers owe the same OHS Act duties to labour hire workers as to their own employees, following the 2021 amendment.
What changed recently?
Extended Duties to Labour Hire Workers — 2021 Amendment was last updated on 3 September 2026.
