Trip injury case reinforces WHS responsibilities for local government

Implications for Local Government employers 

Councils, as employers, have a high duty of care under the Work Health and Safety Act 2011 (Qld) (the Act) to ensure that all employees are trained in safe work practices and that risks are mitigated as far as reasonably practicable. This includes:

• Providing clear, consistent training aligned with documented procedures.
• Identifying and mitigating hazards, including those that may seem minor, such as trip risks.
• Ensuring labour hire and casual staff receive the same level of WHS induction and supervision as permanent employees.
• Regularly reviewing work systems to ensure they are safe and understood by all staff. 

The Case serves as a reminder that failure to meet WHS obligations can result in significant legal and financial consequences, especially when injuries occur due to preventable hazards. 

Shared liability and non-transferable WHS duties 

The Case demonstrates a critical legal principle under the Act, that WHS duties are non-transferable. Section 14 of the Act explicitly states that a duty cannot be transferred to another person, meaning that host employers cannot delegate their safety obligations to labour hire agencies or other third parties. In practice, this means that both the labour hire agency and the host employer share concurrent liability for the health and safety of on-hired workers. Courts have consistently held that host employers must treat labour hire workers as if they are their own employees, providing proper induction, supervision, and safe systems of work. In The Case, the host employer was found 75% liable for failing to enforce its documented safe work procedures, despite the worker being employed by a labour hire firm. This reinforces that WHS obligations apply equally and concurrently and cannot be avoided through contractual arrangements or assumptions about employment status. 

Best practice recommendations for councils 

To reduce risk and uphold WHS responsibilities, councils should:

• Conduct routine safety audits and risk assessments.
• Maintain accurate training records and ensure procedures are consistently applied.
• Encourage a culture of reporting and continuous improvement in safety practices.
• Ensure all workers are fully inducted and supervised. 

As local government workplaces often involve diverse roles and environments, from outdoor maintenance to administrative offices, tailored WHS strategies are essential to protect workers and meet legal obligations. 

Obligations for Local Government employers 

Under the Act, the following sections are particularly relevant: 

Section 14 – Duties not transferable 

A duty can not be transferred to another person. 

Section 19 – Primary duty of care 

• Employers (including councils) must ensure, so far as is reasonably practicable, the health and safety of workers while they are at work. This includes providing:  

• Safe systems of work, 
• Adequate training and supervision,
• A work environment without risks to health and safety. 

Section 20 – Duty of care of workers 

• Workers must take reasonable care for their own health and safety and comply with reasonable instructions and policies. 

Section 27 – Duties of officers 

• Senior officers (e.g. managers, directors) must exercise due diligence to ensure the organisation complies with its WHS duties. This includes:  
  • Understanding WHS obligations, 
  • Ensuring appropriate resources and processes are in place,
  • Monitoring compliance. 

If you have any questions about Work Health and Safety laws, please contact us on 07 3000 2148 or at legal@peakservices.com.au.

You can access the LGAQ IR Helpdesk for free under your councils LGAQ membership, which is operated by the Peak Services Legal and Workforce team - contact us at irhelpdesk@lgaq.asn.au for any queries you have in relation to your obligations.