The Victorian Government has introduced the Occupational Health and Safety and Other Legislation Amendment Bill 2021 to parliament, to make Victorian workplaces safer. The new reforms are expected to expand worker rights and protections, boost employer accountability and streamline enforcement. The Bill also updates powers for health and safety representatives and authorised employee representatives to take photos or videos to record suspected workplace safety breaches in real time, as well as enabling WorkSafe Victoria inspectors to issue notices and reports electronically.

A key change in the Bill will ensure that labour hire workers have the same rights and safety protections as other workers. Labour hire workers are employed by a labour hire company or agency and perform work at the worksite of a ‘host’ employer, often supervised by the host or their staff. Current laws stipulate that host employers do not owe labour hire workers the same health and safety duties as they do their own staff. The Bill has addressed this by extending the definition of ‘employer’ and ‘employee’ in the Occupational Health and Safety Act 2004 to ensure labour hire workers are considered employees of the host under the Act.

The Bill also requires labour hire providers and host employers to consult and cooperate on their shared responsibility, to ensure the safety of labour hire workers — breaching this duty is punishable by fines of up to $32,713 for individuals and $163,566 for businesses. The Bill will also prevent employers from dodging liability for breaching workplace safety laws by prohibiting contracts that insure or indemnify a person against paying monetary penalties under workplace safety laws. Such clauses undermine workplace safety laws by shielding employers from tough penalties and reducing their deterrent effect. Under the proposed laws, entering, offering to enter or holding such a contract will attract penalties of up to $54,522 for individuals and $272,610 for businesses.

Ingrid Stitt, Victoria’s Minister for Workplace Safety, said these changes mean that employers will no longer be able to dodge penalties where they are responsible for a workplace safety breach. “We’re making common sense changes to Victoria’s workplace safety laws to make them stronger and more effective in keeping all workers safe on the job,” Stitt said. The reforms were developed in consultation with industry and employee groups and deliver on recommendations from key reviews, including the Inquiry into the Labour Hire Industry and Insecure Work and the Boland Review into the Model Work Health and Safety Act.

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