To what extent is a labour hire company liable for a safety incident squire patton boggs 322784429250
Published: 2-Dec-25
To what extent is a Labour Hire Company liable for a safety incident? - Squire Patton Boggs
The recent judgment of Safework NSW v BI Australia Pty Ltd in the District Court of NSW may rewrite the rules for labour hire companies and what is required for them to meet their work health and safety (WHS) obligations.
In the decision, a Sydney-based labour hire company was issued with a AU$400,000 fine, almost double the penalty imposed on the host company, for the same incident in which a labour hire worker was injured.
The company in question, BI Australia (BIA) was convicted of a Category 2 offence under the NSW Work Health and Safety Act for failing to adhere to its duty under s 19(1) to protect workers from being exposed to risks of serious injury.
![current_brand[0].name](https://au.apsco.org/hs-fs/hubfs/APSCo%20Australia/Images/Logo/website_logo_australia.png?width=400&height=160&name=website_logo_australia.png "current_brand[0].name"){kind=logo}
![Case Summary: SafeWork NSW v Momentum Consulting Group [October 2025] by Risk Collective](https://au.apsco.org/hubfs/crm-properties-file-values/Member%20assets-1.png "Case Summary: SafeWork NSW v Momentum Consulting Group [October 2025] by Risk Collective")
