Keeping workplace health and safety top of mind to comply with licence obligations
2 October 2025
Ensuring compliance with all workplace laws, including workplace health and safety legislation, is critical to maintaining a labour hire licence.
WorkSafe data shows that in 2023, 200 workers in Australia were fatally injured at work and there were 139,000 workers compensation claims for serious injuries and illnesses.
The use of labour hire in high-risk industries, such as construction, security, horticulture and meat processing, increases the likelihood of injury or involvement in workplace accidents for labour hire workers.
Migrant workers can face heightened risks owing to a number of factors, including language barriers and a lack of familiarity with local laws and standards.
Hosts and providers must maintain a safe environment where all workers are free from physical and psychological harm, helping to minimise the impact and frequency of work-related injuries or illnesses.
The Labour Hire Authority (LHA) works with WorkSafe and other regulators to ensure employers are providing a safe workplace, including unannounced site visits and hosting information sessions to educate providers and hosts on their health and safety obligations.
Occupational health and safety obligations in labour hire
Under the Occupational Health and Safety Act 2004 (OHS Act), hosts have the same occupational health and safety duties to labour hire workers as to any other employee.
Labour hire providers and hosts have shared responsibilities for worker health and safety, including:
- providing and maintaining a safe working environment
- training
- assessing risks
- monitoring the health of employees
- monitoring conditions at the workplace.
They must also ensure the employee is capable and provided with everything they need to do the job safely.
These legal obligations are shared between hosts and providers, and under the OHS Act they must consult, cooperate and coordinate with one another as much as reasonably practicable, to ensure all duties to labour hire workers are met.
Labour hire providers and hosts also cannot pass their duties onto one another through a contract.
Host and provider face combined penalties of over $1 million for worker death
Recently, a labour hire company in north-west Victoria was fined $415,000 following the death of a 70-year-old worker who fell from a moving trailer in January 2022.
AH Vision Pty Ltd (AH Vision), based in Swan Hill, was sentenced in the Mildura Magistrates' Court in February 2025 after being found guilty of two charges under the OHS Act.
AH Vision was fined $400,000 for failing to provide its workers with necessary information, instruction and training. The company was also fined $15,000 for failing without a reasonable excuse to provide WorkSafe with the required information and documents about the incident.
The court heard AH Vision was engaged to provide labour to Woorinen South stone fruit grower Cutri Fruit Pty Ltd.
The host business, Cutri Fruit Pty Ltd, was fined $750,000 in December 2024 for failing to ensure persons other than employees were not exposed to health and safety risks.
LHA cancelled AH Vision’s labour hire licence in July 2022.
Accommodation and transport
Worker accommodation and transport are often associated with exploitative and unsafe practices by labour hire providers.
Under the Labour Hire Licensing Act 2018 (Vic), providers must inform LHA if they intend to procure or provide accommodation or transport to workers they supply to hosts.
Providers must comply with all relevant laws around worker transport and accommodation – breaches can lead to actions including imposing licence conditions, suspension or cancellation.
When supplying transport to workers, providers must ensure they comply with all relevant laws, including the Road Safety Act 1986 (Vic), and the Heavy Vehicle National Law (HVNL).
To remain compliant with their licensing obligations and other relevant laws, providers must ensure:
- drivers of vehicles transporting workers hold an appropriate licence (in Australia or overseas) for the class of vehicle they are operating
- the vehicle (including any trailers) used for transporting workers is appropriately registered, and complies with any limits regarding mass and dimensions
- additional requirements when using a bus are complied with, such as fatigue management measures as outlined in the Heavy Vehicle National Law (HVNL).
For more information on obligations when providing transport, including scenarios, visit the Transport web page.
National Safe Work Month
Each October, National Safe Work Month encourages workplaces around Australia to prioritise workplace health and safety and take action to reduce the number of work-related injuries, illnesses and fatalities.
This year’s theme, safety: every job, every day, encourages all workplaces – regardless of occupation, industry, location, and size – to prioritise safety in their job every day.
For National Safe Work Month information and resources, visit the WorkSafe website.
More information on OHS obligations is also available on the WorkSafe website for: