TMP/Hudson Trade & Industrial recruitment Smarter Safer Labour Hire Contracting options Patrick Vanderham
TMP/Hudson Trade & Industrial recruitment • 45 staff around Australia in 8 offices focused in the area of light Industrial on hired labour and permanent placements in the Logistics and Manufacturing sectors. • TMP/Hudson Global resources has 1150 staff in Australia mainly focused on executive recruitment and human resource consulting
Inception of On-hire Labour in Australia • The inception of On hire labour created a dilemma for legislators and the Judiciary alike • Questions for both revolved around • Nature of the terms of business • True nature of the employee/employer relationship • The application of statutory requirements to casual employees
Why have employers embraced the on hire labour concept? • To respond to changes in market demand • Lower total employment costs • To respond to changing lifestyle needs of the labour force • Relief from inflexible Trade Union agreements • To reduce administrative burdens • Share the Occupational risk
The emergence of the on- hire labour industry • By 1995 the Labour On Hire sector has grown to be engaged by 51% of large companies and 33% of small employees & 19% of manufacturing organisations used the services of the sector * • ABS statistics (Oct 2003) measure part time employment at 28% of all employed individuals in Australia ** • Given the growth of the industry, the OH&S responsibilities of labour hire business soon became pivotal to their business success * (AI Group survey) ** (ABS 6202.0 Labour force Australia Oct 2003)
Occupational Hazard Management Procedure • Hazard identification • Job Safety Analysis • Risk Assessment • Establish appropriate controls for hazards identified • Record the responsible person for implementation of the control strategy • Review the implemented controls • Keep all records filed
Induction procedures • All contractors on hired by TMP/Hudson in the industrial sector participate in interaction with the recruitment consultant to determine understanding of the relevant generic risks on site • Clients across all on-hire sectors increasingly request specific company inductions for contractors/temps placed in their businesses • Induction duplication may occur but works to mitigate both generic & specific occupational risks
Job Safety Analysis • Likelihood of exposure to risk • Severity of the potential injury/illness • Matching of the exposure to risk with the severity of the risk • Determine the risk rating • Take action to remove/control the risk
Incident management / Rehabilitation • Incident reporting & management relies on immediate and comprehensive reporting • The ensuing return to work program is linked to positive and immediate rehabilitation planning • The Host client and labour Hire provider have an equal share in these responsibilities and must work together to lower the cost of claims
Temporary Staff “As the temporary staff are labour hire contractors, you must remain responsible for them. Providing Temporary staff to clients is your core business and this is a risk for you to manage.” This ignores: That labour hire companies do not have day to day management, supervision and control of the workers and therefore cannot manage or foresee risk with the same effectiveness a host client can.
What do on hire labour companies accept responsibility for? • Providing qualified and or experienced on hire workers for the client to choose from • Exercising due care and skill in performing their services • loss or damage caused by the negligence of the labour hire companies consultants.
OH&S Partnership options Indemnity clause inclusions Shared responsibilities Labour Hire terms of business Negotiations between parties Confidence in Labour Hire OH&S procedures Genuine attempts to share risk within a true partnership Acceptance of practical and contributory responsibility
The opportunity for OH&S partnership for the future • We have successfully built a co-operative OH&S partnership between labour Hire provider and host client • The focus of the commitment should be on the detailed aspects of Risk assessment, hazard identification, risk prevention, incident reporting, rehabilitation of injured workers • A sharing of responsibilities and risk is the key to a sound OH&S relationship between labour hire providers and host clients