Victoria return to work code 4: what a labour-hire host needs to do

Section 109 of the WIRC Act addresses hosts using labour hire. When the statutory injury and incapacity criteria are met, the host must cooperate, to the extent reasonable, with the labour-hire employer as it provides duties, plans the return and consults. The host is not automatically the worker’s employer.

Practical steps

Nominate a host contact, respond promptly to requests, give reasonable workplace access and participate in discussions about safe duties, equipment or work modifications. Update the labour-hire employer on progress and share only the information necessary for the purpose.

For example, if a labour-hire worker is injured while assigned to a custodial facility, the host can describe the actual job, security constraints and feasible modified tasks. The labour-hire employer needs that information to plan with the worker, rather than relying on a generic job description.

Status and source

WorkSafe Victoria lists this version as published 19 December 2019. This is a return-to-work compliance code under the WIRC Act, not an OHS compliance code. Following it gives deemed compliance only with the duties covered; other lawful methods may be used. Read the current WorkSafe resource page and the official PDF. The original is linked rather than republished because WorkSafe’s PDF licence restricts dissemination for profit. General information only.