A host employer's commercial control over the volume of work to be performed by labour hire workers, without control over the allocation of tasks, training, or occupational health and safety, is insufficient to give rise to a non-delegable duty of care analogous to that of an employer. The customer's general commercial authority over what work needs to be done does not constitute the daily control over how work is performed that is required to establish a relationship indistinguishable from employer-employee.
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