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Under Occupational Health and Safety Regulations 2017 · made under Occupational Health and Safety Act 2004

Employer duties extending to independent contractors

Regulation version as at 26 Nov 2024 From Occupational Health and Safety Regulations 2017, no changes tracked yet
Medium severity
VIC Occupational Health and Safety Regulations 2017 > Part 1.1 – Introductory matters
The obligation
Employers must meet the Regulations' requirements for employees in the same way for the independent contractors they engage and for those contractors' employees.
Under regulation 8, a provision setting out how an employer meets its duty to employees under section 21 or 35 of the Act also applies to that duty as owed to independent contractors and their employees. Failing to comply with a duty referred to in an Act compliance note is an offence that carries a penalty. Employers must arrange a medical examination and biological monitoring before a person first starts lead-risk work, and biological monitoring within one month after they start. …
What
Employers must meet the Regulations' requirements for employees in the same way for the independent contractors they engage and for those contractors' employees.
Source
content.legislation.vic.gov.au

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Frequently asked questions

Which WHS law does this come from?

Employer duties extending to independent contractors is a WHS requirement set out in Occupational Health and Safety Regulations 2017 (VIC). It is made under Occupational Health and Safety Act 2004 (VIC). The relevant provision is Occupational Health and Safety Regulations 2017 > Part 1.1 – Introductory matters.

What does this WHS obligation require?

Employer duties extending to independent contractors is a WHS obligation under Occupational Health and Safety Regulations 2017 (VIC). In short, Employers must meet the Regulations' requirements for employees in the same way for the independent contractors they engage and for those contractors' employees.

What changed recently?

Employer duties extending to independent contractors was last updated on 19 October 2026.

Where this sits

Occupational Health and Safety Regulations 2017 Occupational Health and Safety Act 2004 Victoria Australia

About this Topic

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First seenOct 2026