A party that hires a labour hire worker owes a duty of care akin to that of an employer, including the obligation to provide a safe system of work, proper equipment, and adequate instructions and warnings. The hiring party cannot discharge this duty by leaving it to the worker to devise the system, and it is no answer to say that had it known the particular method the worker would choose, it would not have thought there to be a risk of injury. In determining factor X under s.138(3)(b) of the Accident Compensation Act 1985, the labour hire employer's failure to conduct site assessments or ensure proper induction is a significant factor in apportioning responsibility.
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