Health and safety representative

WHS obligations for food outlets using food delivery workers

SafeWork Australia recently published the statistic that there have been 10 at work fatalities of food delivery workers in Australia since 2019.

In light of this terrible 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 that 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 that a food outlet can ensure the health and safety of food delivery workers on their premises:

• Creating a designated waiting area on premises that is free of risks such as the risk of slips and/​or falls;

• Ensuring there are enough safe and accessible parking spaces for the workers to use;

• Use purpose-built containers to prevent spillages which could potentially cause injury to the worker; and

• Provide the 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 to 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 safety experts. 

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