Health and safety in the workplace is everyone's responsibility. But did you know that employment services and recruitment agencies have particular obligations under the Work Health and Safety Act1?
If you're responsible for placing workers in employment you have a responsibility to arrange placements that don't expose them to mental or physical health and safety risks. Plus you have a legal duty to actively ensure that a workplace (its premises and its operations) is safe before employees are placed.
What are the legal WHS obligations for recruitment agencies and employment services?
Employment services of all types are required to comply with relevant Commonwealth, state and territory statutory obligations and the Fair Work Act2. This is in addition to compliance with professional codes of conduct, such as the RCSA Code for Professional Conduct3.
When it comes to health and safety in the workplace, employment services are obligated to:
- obtain full and accurate information about a job position, including work conditions and nature of the work and duties to be undertaken
- ensure job advertisements accurately describe the position(s), expected duties and other relevant information
- match candidates or job seekers to job requirements based on the right skills, knowledge, experience and training.
Failure to perform the necessary interviews, background checks and screening can result in a candidate being placed in a position they're not suited for. This is not good for your clients and can put the candidate at risk. Ensuring compliance with WHS laws not only protects workers but also safeguards your business reputation.
7 steps to manage WHS risks in recruitment
Ensuring proper health and safety in the workplace is the responsibility of employers, but employment services and recruitment agencies have a role to play in managing WHS risks too. Workplace safety risk management for recruitment providers involves the following 7 key steps.
- Take proper action to systematically identify, assess and control WHS risks before placing an employee.
- Understand the inherent requirements of job duties and only place employees or candidates who have the appropriate skills, knowledge and training.
- Focus on ensuring WHS management systems address all aspects of recruitment and placement of your employees.
- Perform the required background checks, including police checks and Working with Children checks.
- Understand which roles require minimum qualifications and licences, and check that these are verified and monitored.
- Check that the employer conducts a proper induction into the workplace upon placement.
- Seek expert guidance on WHS contacta member of the Gallagher Workplace Risk team if you need expertise, advice or support to ensure compliance with workplace safety requirements.
How Gallagher can help
Gallagher is the preferred insurance broker for National Employment Services Association (NESA). We understand the broad range of risks employment services and recruitment agencies face and can offer comprehensive insurance solutions to provide protection and minimise risks.
