A labour hire employer's duty of care extends to ensuring the host workplace is safe, that appropriate safety systems are in place, that the task is clearly defined, and that the employee is properly trained. The duty may extend to providing supervision and appropriate safety clothing. A labour hire employer that does nothing cannot be less blameworthy than one that acts carelessly. Apportionment of liability between negligent tortfeasors is a discretionary judgment, and appellate intervention requires demonstration of error under House v The King principles.
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