WHS duties

Under WHS laws, a person conducting a business or undertaking (PCBU, an employer) must look after the health and safety of their workers.

The concept of ‘worker’ is broad and includes employees and contractors.  Contractors can be a PCBU and a worker at the same time.

A delivery rider is considered a worker if they ‘carry out work for’ the platform whose app is used to provide the delivery services and/or the food outlet whose food/drink is delivered.

As PCBUs, platforms and food outlets must do whatever is reasonably practicable to ensure the health and safety of their workers. 

PCBUs have a duty to consult, cooperate and coordinate with other duty holders who have a duty in relation to the same matter, so far as is reasonably practicable. PCBUs must also consult with delivery workers and any health and safety representatives (HSRs) on health and safety matters, so far as is reasonably practicable.