The OHS regulatory challenges posed by agency workers: evidence From Australia
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Authors
Johnstone, Richard
Quinlan, Michael
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The Australian National University, The National Research Centre for OHS Regulation (NRCOHSR)
Abstract
Labour leasing or agency labour (also known as labour hire in Australia and New Zealand) is a rapidly growing work arrangement in most if not all industrialized countries. Unlike the two-party employer/employee relationship, labour leasing establishes a three-party or triangular relationship between the worker, the agency that supplies them and the host employer. There is emerging evidence that this triangular relationship, in combination with the temporary nature of most placements, poses particular problems for laws regulating employment conditions (industrial relations, occupational health and safety (OHS), and workers’ compensation/social security) and the agencies administering them. This paper examines recent Australian experience with regard to protecting the health and safety of agency workers, drawing on detailed interviews and workplace visits with inspectors, as well as analysis of statutory provisions, documentary records (such as reports and guidance material), and enforcement activity (notably prosecutions) by OHS agencies.
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Keywords
occupational health and safety, labour leasing, Australia, agency labour, worker, agency, employer, OH&S, industrial relations
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Working/Technical Paper
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Open Access
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This is an open access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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