Providers and hosts have shared worker safety and return to work responsibilities

6 March 2025
Providers and hosts have shared worker safety and return to work responsibilities

It’s crucial for providers and hosts to understand their shared legal responsibilities regarding their workers’ safety, especially when helping an injured worker return to work.

Licensed providers must comply with all relevant workplace laws, including workplace health and safety legislation, under the Labour Hire Licensing Act 2018 (Vic).

Under the Occupational Health and Safety Act 2004, 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 obligations are a joint effort 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.

Return to work responsibilities

Labour hire providers and host employers both have legal responsibilities for helping an injured worker return to work (RTW).

Providers should appoint a RTW coordinator and make RTW information available to all workers to ensure they meet their legal obligations.

When an injured worker begins the process to return to work, providers should:

  • provide suitable employment in line with the worker’s capacity for work
  • plan for the worker’s RTW, including providing reasonable workplace support, aids or modifications and provide the worker with clear, accurate and current details of the return to work arrangements
  • monitor progress and consult with the worker, their treating health practitioner and an occupational rehabilitation services provider about the RTW
  • notify WorkSafe that the worker is returning to work.

Under the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act), host employers – to the extent that it is reasonable to do so – are required to cooperate with their labour hire provider in meeting RTW obligations.

A host can support a worker’s return to work when they:

  • are responsive to the provider’s request for assistance
  • provide a nominated contact for RTW issues
  • provide the labour hire provider with reasonable access to the workplace
  • explore options for providing suitable duties at the host employer’s workplace, consistent with the injured worker’s capacity
  • explore solutions with the labour hire provider that address barriers to the injured worker’s RTW
  • provide reasons to the labour hire provider for a decision to not provide the injured worker with suitable duties.

For more information on the WIRC Act compliance codes, visit the WorkSafe website.

Working together to plan for returning to work

Return to work planning is an ongoing process and should be reviewed and adjusted as needed, especially when circumstances change. Providers and hosts must work together to ensure a worker’s return to work is planned appropriately.

For more information on the return to work process or occupational health and safety, contact your WorkSafe Agent or the WorkSafe Advisory Service on 1800 136 089.

Return to work guidance is available for hosts and providers on the WorkSafe Victoria website.