Gig economy

The Gig economy is where a person or business is contracted to complete task-based work for another business or person. Transactions usually happen through a mobile application or website.

The task may be a one-off, a short-term contract, or matching a service with a client. Workers often work for a variety of people or platforms. They also work during non-standard hours compared to other employer/employee engagements.

Common Gig economy services include:

  • ride sharing
  • food delivery
  • personal care
  • home services
  • hospitality work
  • administration tasks or creative works
  • health care and social assistance
  • seasonal work in agriculture.

Work health and safety requirements

For businesses

Primary duty of care

The ‘primary duty of care’ is the most important duty that a 'person conducting a business or undertaking' (PCBU) owes to ‘workers’ and ‘other persons’ (customers and other members of the public).

The primary duty requires a PCBU to ensure, so far as is reasonably practicable, the health and safety of:

  • workers engaged, or caused to be engaged, by the person, and
  • workers whose activities in carrying out the work are influenced or directed by the person, while the workers are at work in the business or undertaking.

A digital platform that engages/causes to be engaged or influences or directs the activities carried out by a worker, is considered a PCBU for the purposes of the WHS Act and therefore, will have a primary duty of care.

Some practical examples to help meet your primary duty of care responsibilities include:

  • assessing each work task to identify hazards, assess risks, and put control measures in place
  • providing suitable information, training and instruction to workers about work tasks, including any risks that might arise during the task and any control measures
  • providing supervision; levels will vary depending on the training, experience and competence of the worker
  • having policies and procedures that outline a safe way to do a work task
  • providing suitable equipment for the work task, designed for the purpose it is to be used
  • maintaining all plant or structures at the workplace in accordance with manufacturer recommendations, or recommendations of a competent person
  • regularly consulting with workers about their work, health and safety
  • investigating hazard reports and taking corrective actions in a timely manner
  • constantly reviewing processes to ensure all risk controls remain effective.

Once these factors have been weighed up, the PCBU may consider the cost of the measures to eliminate (or minimise) the risk. A measure is not reasonably practicable if the cost of implementing it is disproportionate to the risk.

For workers

As a worker, you must take reasonable care of yourself and not do anything that would affect the health and safety of others at work.

You must follow any reasonable health and safety instructions from your employer. It is important that you:

  • work safely
  • follow instructions
  • ask if you’re not sure how to safely perform the work
  • use personal protective equipment (PPE) in the way you were trained and instructed to use it
  • report injuries and unsafe and unhealthy situations to your supervisor or to your health and safety representative (HSR).

Common risks

Workers may experience a number of hazards while working in the Gig economy. While all workers may face these risks, there are four groups that may be more at risk of being injured at work. These groups include:

  • culturally and linguistically diverse (CALD) workers
  • migrant workers
  • young workers
  • labour hire workers

Aboriginal and Torres Strait Islander workers, workers living with disabilities and pregnant workers are also considered at risk.

Workplaces should:

  • identify at-risk workers and provide additional support where necessary
  • have systems in place to ensure workers are properly trained in each work task they are to complete
  • provide instructions that are readily understandable by each worker e.g consider translating documents such as safe work procedures into the workers primary language
  • provide adequate supervision.

Here is a list of common risks in the Gig economy with advice on how to manage them.

Fatigue

Duty holders should:

  • develop and put in place a fatigue management policy and procedure
  • get information from workers about secondary employment or study
  • provide onboarding and training programs
  • consider work schedules
  • rotating work tasks that are either physically demanding or monotonous
  • use app design controls to regulate hours and breaks
  • personal factors outside of the workplace e.g. new parents
  • where possible, consider providing fit-for-purpose machinery and equipment, e.g. provide ergonomic furniture, lifting equipment and anti-fatigue matting.

Vehicle or plant use

Duty holders should:

  • conduct a risk assessment of each vehicle and item of plant
  • develop and implement a policy and procedure for each vehicle or item of plant used, install guarding to physically prevent access to dangerous moving parts
  • train workers on the safe use of vehicles or plant
  • provide adequate levels of supervision, taking into account the age, skill, experience and training of the worker
  • ensure vehicles and plant are suitable for the task, well-maintained, and only used for the purpose they are designed
  • ensure workers reduce speed and turn on headlights in inclement weather
  • provide high visibility PPE
  • consider using in-vehicle monitoring systems
  • develop and implement a policy and procedure dealing with mobile app use
  • implement pre-start checks of all plant.

Hazardous manual tasks

Duty holders should:

  • utilise the risk management process to identify hazards, assess risks, and implement control measures
  • implement safe workplace designs
  • introduce mechanical aids, tools, equipment and safe work procedures
  • train workers on how to perform manual tasks safely and the types of control measures implemented.

Slips, trips and falls

Duty holders should:

  • undertake a risk assessment of the workplace before commencing a task
  • develop and implement a policy and procedure to manage slips, trips and falls, including a process to clean up spills in a timely manner
  • ensure workers are wearing appropriate footwear for the task
  • have adequate lighting
  • train workers on identifying slip, trip and fall hazards,
  • allow adequate time to complete a task within schedules
  • isolate areas in need of repair.

Violence

Duty holders should:

  • develop and implement policies and procedures dealing with work-related violence
  • prohibit persons with a history of violence and aggression
  • consider the design of service areas
  • train workers in de-escalation and dealing with aggressive behaviour
  • develop systems of work to monitor workers when working away from the workplace
  • develop systems of work that considers the nature of work tasks and number of workers.

Remote and isolated work

Duty holders should:

  • develop and implement a policy and procedure that includes and emergency plan
  • consider using available communication technology e.g. phone, in vehicle tracking, radio communication systems, satellite phones and personal duress systems or personal locator beacons
  • provide training to workers on the work task, the risks of working alone, and control measures
  • ensure that equipment provided to workers is well-maintained and suitable for the remote/isolated work
  • consider the skills and capabilities of the worker, consider utilising a buddy system
  • consider first aid training and/or arrangements.

Working at heights

Duty holders should:

  • conduct a risk assessment of all work that might involve working at a height
  • develop and implement a policy and procedure dealing with work at heights
  • prepare a safe work method statement (SWMS) before work commences, if the work is ‘construction work’ and a person could fall more than 2 metres
  • have a competent person provide training to workers on the safe use of equipment
  • ensure work is done from the ground or on a solid construction wherever possible
  • use a fall prevention device, such as temporary work platforms, guardrails, or scaffolding
  • use a work positioning such as a restraint system and industrial rope access
  • where it is not possible to use a fall prevention device or a work positioning system, use a fall arrest system, such as harness based fall arrest, industrial safety net, or catch platforms
  • consider the type of ladder required for the job, to ensure it is suitable and fit for purpose
  • make sure all voids and penetrations are clearly marked as a ‘cover’ that is secured that cannot be dislodged.

Outdoor work

Duty holders should:

  • develop and implement policies and procedures dealing with outdoor work
  • plan work routines to avoid working in the middle of day, provide well-ventilated work areas
  • use mechanical aids to reduce the need for physical exertion
  • ensure workers regularly drink enough water, take regular breaks and are not showing signs of heat-related illness
  • provide PPE, such as, sunscreen, hats, hearing protection, high-visibility clothing, wet and cold weather clothing.

Related information and resources

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