Casual & contract workers have rights
All workers, whether permanent or casual, have the same right to expect a healthy and safe workplace.
WorkSafe Victoria has produced Guidance Note to assist employers to understand and comply with their duties towards casual workers under the Occupational Health and Safety Act (2004). This is a summary of that Guidance Note.
Casual workers face greater risks
Because of the circumstances under which casual employees are employed, they often face greater OHS risks: for example they may not be properly trained, have little experience/knowledge of the hazards in the workplace and the risks these pose. Casual workers may not know what rights they have under OHS and other legislation. Sometimes, because their employment is not secure, they may not feel confident to raise issues of concern.
The conditions faced by casual workers have been looked at in a number of forums, eg:
- A story on the ABC's 7.30 Report looking at casual work and OHS - the transcript can be downloaded from the ABC website.
- From the Productivity Commission:
- a 2006 research paper on non-traditional work (including casuals and labour hire): The role of Non-traditional Work in the Australian Labour Market
- a 2005 working paper: The Growth of Labour Hire Employment in Australia
Employers' legal obligations for casual workers
An employer must provide and maintain as far as practicable a working environment that is safe and without risks to health. This applies to all employees, including casual and labour hire employees.
On-hire agencies also have the same legal obligations as an employer for workers registered with them. However, the agency cannot have the responsibility for health and safety issues at the workplace where the casual/labour hire worker is sent. WorkSafe's advice to the employer is: "In general terms, treat every casual worker as if they were one of your full-time employees."
Steps the employer should take
WorkSafe recommends that the employer do a number of things to ensure that they are complying with their legal obligations with regard to the employment of casual/labour hire workers:
- Prior to employment of any casual worker. These include ensuring that casual workers' duties are clearly defined and that they have the necessary skills and qualifications; ensuring casuals can participate in designated work groups; and that the necessary information, instruction and training is provided.
- Prior commencement of work.These include ensuring that any equipment the workers bring with them meets health and safety standards; introducing the workers to the person responsible for OHS in their area; and ensuring that the workers understand any OHS training, policies and procedures before they commence work.
- After work has commenced. The employer must make sure, among other things, that casual workers are properly supervised; that arrangements for the on-going identification and assessment of risks are in place; that refresher training is provided.
- Incident management. If an incident occurs at the workplace involving a casual worker, the employer must inform the agency and also inform WorkSafe if the incident is "notifiable" under the Incident Notification provisions of the 2004 OHS Act. The employer should conduct an investigation of the incident, develop and implement measures to prevent re-occurence, and allow the agency to participate.
- Co-operation with the on-hire agency. It is very important that an employer co-operate with the on-hire agency to ensure that all parties meet their legal obligations under the Occupational Health and Safety Act.
The Guidance Note then outlines the duties of employers under Sections 21 and 22 of the Occupational Health and Safety Act.
- The section on Law on this site and also the section Labour Hire
- information on This Working Life: What are my rights as a casual worker?
- The WorkSafe webpage on Labour Hire.
- WorkSafe Guidance Note: Casual Workers - Managing their health and safety
- From the global confederation of unions, IndustriALL, which represents 50 million workers in 140 countries in the mining, energy and manufacturing sectors, an international campaign: STOP Precarious Work
Last amended August 2014