Duties of a food outlet
Food outlets that operate as PCBUs are responsible for the health and safety of their own workers and any delivery riders they engage or interact with. They must also protect customers and others who may be affected by their operations.
Duties of a food delivery platform
If you operate a food delivery platform, you are also considered a PCBU and must therefore ensure the safety of your delivery riders, customers and other people affected by your operations.
Personal protective equipment (PPE)
All food delivery platforms must provide riders with high-visibility PPE including retro-reflective clothing and containers for food transport. Riders must wear the provided PPE while delivering food.
Training
Food delivery platforms must offer induction training that covers:
- hazard and fatigue management
- road safety
- proper use of PPE
- WHS responsibilities.
Record keeping
Food delivery platforms must maintain records of riders' training and their provided PPE for a period of 5 years and must submit them to the regulator (WorkSafe) upon request.
Compliance and penalties
Delivery platforms who fail to meet their WHS obligations may face penalties.
Duties of a food delivery rider
As a rider, you have a duty to take reasonable care for your own safety and the safety of others. If you are self-employed and work as a PCBU, you are also responsible for ensuring the safety of anyone working under your business.
Riders who do not wear the provided PPE or fail to present their training records upon request may also receive on-the-spot fines.
Resources and guidance
We have developed a checklist for businesses and workers engaged in food delivery services. This checklist is most applicable for food delivery riders using bicycles, e-bikes, motor scooters and motorcycles and may also be useful for those delivering food in a car.
Safe Work Australia’s webpage contains useful work health and safety resources and information for the gig economy.