A guide to managing WHS in the Food Delivery industry

The guide provides practical guidance for various actors in the Food Delivery industry on their respective roles and responsibilities under the NSW Work Health and Safety Act 2011.

Download the Guide (PDF)

The guide provides practical guidance for Food Delivery Platforms (platforms), Food Outlets (outlets) and Food Delivery Riders (riders) on their respective roles and responsibilities as duty holder under the NSW Work Health and Safety Act 2011 .

It differs from a Code of Practice in that it allows duty holders greater discretion to choose the options that best suit their circumstances.

The Guide contributes to the overall ‘state of knowledge’ regarding hazards, risks and controls and is therefore used to establish what may be “reasonably practicable”.

While the Guide is not law, it can be used by a SafeWork Inspector to form a reasonable belief that a duty may or may not have been met and it can be tendered as evidence in court proceedings.

FAQ arising from the guide

Riders are mostly independent contractors. Why is it the responsibility of the Platforms to ensure they are trained and competent to do the work?

Platforms provide a service to food outlets that relies on delivery riders to perform the work. The work that food delivery riders carry out is considered ‘high risk’ work. Therefore, according to the WHS Act, a platform has an obligation to make sure riders can safely do their job. This includes:

  • checking the rider’s knowledge and competency
  • providing training about safety, where necessary
  • providing, or checking that riders have, PPE. This can include bicycle helmets, bicycle lights, reflectors and hi-visibility vests.

Platforms are best placed to introduce a system where they purchase and distribute to riders PPE such as bicycle helmets, bike lights, reflectors and hi-visibility vests. The costs to platforms of implementing such a system would be proportionate compared to the risk.

Why does a rider have responsibilities as both a worker and as a PCBU?

A rider ‘carries out work’ for both the platform and the outlet and is therefore a ‘worker’ as defined in section 7 of the WHS Act.

As a worker, the rider is owed a primary duty of care by the platform and the outlet while they are carrying out delivery work.

In many cases, a rider is required by the platform to set themself up as a contractor with an Australian Business Number (ABN). In these cases, the rider will be ‘self-employed’ and will also be a ‘Person Conducting a Business or Undertaking’ (PCBU) as defined by section 5 of the WHS Act.

In this case, the rider has a duty to ensure, as far as is reasonably practicable, their own health and safety while at work and that the health and safety of other people is not put at risk as a result of their activities at work.

Further information

Developing the guide

The following (PDF) submissions were received in the development of the guide to managing WHS in the food delivery industry:

Other submissions were received and considered in the development of the guide, however, consent to publish these was not received.

Other resources

Back to top