WHS obligations for food outlets using delivery workers

South Australian Business News
Anthony Caldwell
Wednesday, June 14th 2023
Food delivery

SafeWork Australia recently shared the news of 10 at-work fatalities of food delivery workers in Australia since 2019.

In light of this number, SafeWork Australia has launched a deliver yourself home safety’ campaign to support and encourage those associated with food deliveries to comply with their WHS duties under the legislation and manage risks and hazards associated with food delivery work.

But who is responsible for the work, health and safety of food delivery workers?

As expected, the platform that allocates drivers’ work is considered to be a Person Conducting a Business or Undertaking (“PCBU”), and therefore has specific duties to ensure that as far as reasonably practicable they protect the health and safety of all food delivery workers using their app.

However, what may not be realised is food outlets are also responsible PCBUs for the purpose of food delivery workers. Food outlets have a primary duty to both delivery workers who are directly employed by them, and those who are dispatched by a food delivery platform, as they have the ability to influence or direct how the worker carries out their work.

Here are some easy ways food outlets can ensure the health and safety of food delivery workers on their premises:

  • · Create a designated waiting area on premises that is free of risks such as the risk of slips and/​or falls
  • · Ensure there are enough safe and accessible parking spaces for workers to use
  • · Use purpose-built containers to prevent spillages which could potentially cause injury to the worker
  • · Provide workers with the appropriate personal protective equipment, i.e. face masks or hi-vis safety vests.

If you are a food outlet using food delivery workers, now is a good time to ensure you meet your PCBU requirements for all workers that come through your doors.

For more information contact the South Australian Business Chamber on (08) 8300 0000 (select option 1) and speak with one of our work, health and safety experts. 

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