On hire employment services industry prosecutions

February 2001: An on hire employment services agency and the host employer were fined in Ringwood Magistrates Court (12 Feb 2001) for failing to provide a safe work environment.

The worker sustained a broken arm in two places when his arm was caught on an unguarded nip-point and drawn into the machine. The on hire employment services agency had not asked about hazards associated with the work, nor whether the host company had conducted a risk assessment of the machine.

If the on hire employment services agency had enquired about risk assessment, it would have learned about the hazards identified by the host company and taken steps to establish what the operating procedures were and what engineering or other solutions were available to control the risk.

This further establishes the principle for on hire employment services agencies of assessing and controlling the risks to which their employees are likely to be exposed before supplying them to the client.