Mandatory Conditions for Engaging Temporary and Permanent Staff
Last Updated: December 2025
1. Purpose of This Policy
This policy outlines the minimum Workplace Health and Safety (WHS) and psychosocial safety standards that all client clinics (“the Clinic”) must meet when engaging temporary or permanent staff (“Staff”) through Shyft Agency Pty Ltd (“Shyft”).
In accordance with the Work Health and Safety Act 2011 (NSW), associated Regulations, and the 2022 Psychosocial Hazard amendments issued by SafeWork NSW, all Clinics utilising labour-hire or temporary staffing services are legally required to ensure a safe, lawful, and compliant work environment.
This policy forms part of Shyft’s risk management and duty-of-care obligations as a provider of health industry labour-hire services.
2. Legal Responsibilities of the Clinic (PCBU Obligations)
By engaging Staff through Shyft, the Clinic acknowledges that it is the primary Person Conducting a Business or Undertaking (PCBU) and must comply with all applicable safety laws. This includes ensuring:
2.1 Safe Work Environment
The Clinic must provide a work environment that is free from foreseeable risks, including but not limited to:
- Unsafe or faulty equipment
- Inadequate workspace or poor layout
- Insufficient lighting or ventilation
- Infection control breaches
- Trip, slip, or chemical hazards
The Clinic must ensure all equipment is in safe working order and suitable for use by temporary Staff.
2.2 Safe Systems of Work
The Clinic must implement and maintain:
- Standard operating procedures
- Emergency evacuation protocols
- Infection control and sterilisation processes
- Reasonable workload and scheduling systems
- Orientation processes for new and temporary Staff
- Temporary Staff must be provided sufficient instruction, guidance, and supervision to perform their duties safely.
2.3 Psychosocial Hazard Management
In accordance with the WHS Regulation amendments (2022), Clinics must identify, eliminate, or minimise psychosocial hazards, including:
- Bullying
- Harassment
- Aggression (patient or staff)
- Discrimination
- Sexual harassment
- Excessive or unreasonable work demands
- Unsafe staffing ratios
- Poor communication or lack of support
- Isolation or exclusion of temporary Staff
The Clinic must have reasonable controls in place to prevent psychosocial harm.
2.4 Supervision & Direction
The Clinic is responsible for:
- Providing appropriate supervision to temporary Staff
- Ensuring Staff operate within their scope of practice
- Ensuring Staff are not directed to perform duties outside their competence
- Shyft is not responsible for clinical decisions or tasks delegated by the Clinic.
2.5 Incident Reporting & Risk Notification
The Clinic must:
- Notify Shyft immediately of any incident, injury, near-miss, hazard, or behavioural concern
- Provide accurate details regarding WHS risks or changes in workplace conditions
- Cooperate fully with any safety review or investigation
- Failure to report known risks may result in suspension of services.
3. Responsibilities of Shyft Agency
Shyft will:
- Supply suitably qualified and screened Staff
- Communicate essential placement requirements
- Support Staff in raising safety concerns
- Withdraw Staff from unsafe environments
- Conduct preliminary risk assessments
- Shyft assumes no liability for:
- Clinical outcomes
- Unsafe conditions within the Clinic
Incorrect or incomplete information provided by the Clinic
Incidents arising from psychosocial or physical hazards not disclosed to Shyft
The Clinic remains the primary duty-holder under WHS legislation.
4. Safety Declaration & Pre-Placement Requirements
Before Staff can be allocated to a Clinic, Shyft requires confirmation that:
The Clinic complies with all relevant WHS legislation and psychosocial hazard regulations.
Systems exist for reporting hazards, incidents, and concerns.
Temporary Staff will receive appropriate supervision and support.
The Clinic will provide accurate information regarding duties, equipment, and expectations.
The work environment is free from foreseeable risks to health and safety.
A mandatory acknowledgment checkbox is included within the Clinic Booking Form.
Submission of a booking constitutes formal acceptance of these requirements.
5. Verification, Screening & Right to Refuse Service
To ensure compliance and prevent foreseeable harm, Shyft may:
- Conduct a Clinic Screening Call
- Request additional WHS or safety information
- Verify Clinic details (including ABN, business address, and regulatory status)
- Visit the Clinic for safety assessment
- Decline or discontinue a placement if the environment is deemed unsafe
Shyft reserves the right to withdraw Staff immediately if safety concerns arise.
6. Psychosocial Safety Expectations for Shyft Staff
The Clinic must ensure temporary Staff are treated with professionalism and respect at all times.
The following behaviours are strictly prohibited:
- Bullying or intimidation
- Harassment or discrimination
- Sexual harassment or inappropriate conduct
- Hostility, aggression, or verbal abuse
- Unreasonable workloads or pressure
- Exclusion or deliberate isolation
- Requests to perform unsafe or untrained tasks
Any breaches may result in immediate termination of services to the Clinic.
7. Acknowledgment of Obligations
By engaging Shyft Agency for staffing services, the Clinic acknowledges that:
They have read and understood this policy
They are legally responsible for the safety of temporary Staff
They will comply with all obligations listed herein
They will accurately complete Shyft’s Mandatory Safety Declaration in the booking form
Failure to comply may result in refusal of service, termination of placement, or reporting to relevant authorities.
8. Contact
For clarification regarding this policy or WHS requirements, please contact:
Shyft Agency Pty Ltd
Email: [email protected]

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