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Please read this before using presentation. This presentation is based on content presented at the 2006 Mines Safety Roadshow held in October 2006
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Please read this before using presentation • This presentation is based on content presented at the 2006 Mines Safety Roadshow held in October 2006 • It is made available for non-commercial use (eg toolbox meetings) subject to the condition that the PowerPoint file is not altered without permission from Resources Safety • Supporting resources, such as brochures and posters, are available from Resources Safety • For resources, information or clarification, please contact: ResourcesSafety@docep.wa.gov.au or visit www.docep.wa.gov.au/ResourcesSafety
Toolbox presentation: Provision of PPE tolabour hire workers October 2006
What is labour hire? • Labour hire organisation provides workers to another (client) company to carry out work for that employer • Agreement for supply of workers • Contract of employment exists between labour hire company and worker • No contract of employment exists between client company and worker
Duty of care — labour hire industry Duty to ensure labour hire workers: • are not exposed to hazards • receive adequate information, instruction and training • are supervised • are provided with necessary personal protective clothing and equipment at no cost to the worker
Who is responsible for the safety and health of labour hire workers? • Both labour hire company and host employer have same general duty of care over areas they exercise control • Duties of host employer and labour hire company may overlap – this does not mean responsibility can be shifted from one party to the other • If required, provision of PPE should be negotiated and agreed upon before the contract commences
Exercise of control • Although labour hire company does not have day-to-day control of work at mine site, it still has responsibilities and exercises control over certain matters • Labour hire company sending worker to a workplace ought to be aware of: • type of work expected to be undertaken • basic PPE requirements (e.g. boots or safety glasses) • Where task requires specific PPE of a technical nature (e.g. PPE for handling particular chemicals), these may be matters that are beyond company’s control
Example — safety boots • Risks of foot injuries are known • Injuries can be severe • Risk can be mitigated by wearing safety footwear • Footwear is readily available and designed to be specifically suitable to address risk
Provision of safety boots • Where an employee is only required to do work that requires safety boots for a short period of time: • risk of injury is the same • employee cannot lawfully be exposed to hazard despite short-term nature of work • Onus is on employer to provide the boots at no expense to employee: • when an employee commences work • if, in the period of the worker’s employment, boots need to be replaced to do the work