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Case Summary

Where does a labour hire company’s safety obligations end, and a host employer’s start?

Victorian WorkCover Authority v Recruitment Select Pty Ltd

Does a labour-hire company’s safety obligations end once their worker is assigned to a host employer who has control of the site? The simple answer is no. There is an ongoing responsibility for labour-hire companies to monitor the health and safety of their employees.

Nina Hoang


In Victorian WorkCover Authority v Recruitment Select Pty Ltd, a labour-hire company was fined $50,000 for failing to undertake proper due diligence.

The worker had been relocated to another role by the host employer. The labour-hire company had no knowledge of this and no knowledge of the risks of the new role. The worker was dragged into, and rotated around, the shaft of the conveyor belt before being fatally pinned against its shaft. The labour-hire company failed in their duties as it did not provide a safe workplace.

A labour-hire company must always be across role changes and have the capacity to say no if it is unsafe for employees. A small level of oversight would have prevented a costly fine.


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Principal Lawyer - Head of Workplace Relations

Managing Principal - Victoria