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New safety laws in place for NSW food delivery riders

The following article is a news item provided for the benefit of the Workplace Health and Safety profession. Its content does not necessarily reflect the views of the Australian Institute of Health & Safety.
Date: 
Monday, 9 January, 2023 - 12:30
Category: 
Policy & legislation
Location: 
New South Wales

Food delivery riders must now wear high-visibility personal protective equipment (PPE) and carry their training verification record under new safety laws that recently came into effect in NSW.

“We made a major step to improve safety for riders on 1 July last year, when it became law for food delivery booking providers to supply their riders with PPE,” said the acting head of SafeWork NSW, John Tansey.

On 1 January 2023, it became law for riders to wear supplied PPE, which is a high visibility vest and food bag, and carry a training verification record. Riders not wearing their PPE will be issued a $144 fine for each offence.

“We now have the strongest safety environment for food delivery platforms and riders anywhere in the world and will continue to work with industry to ensure a culture where people and safety come first,” said Tansey.

After a series of food delivery rider fatalities at the end of 2020, the NSW Government set up a food delivery rider task force, rolled out a high-profile education and compliance program across Sydney, and announced new laws that apply to all delivery platforms.

“These reforms are about keeping riders safer on our roads,” Tansey said.

“We now have the strongest safety environment for food delivery platforms and riders anywhere in the world and will continue to work with industry to ensure a culture where people and safety come first.

“SafeWork inspectors have already issued warnings to a number of riders who were not wearing their supplied high visibility vests when delivering food.”

The WHS Amendment (Food Delivery Riders) Regulation 2022 states that all food delivery platforms:

  • They will be required to provide riders with induction training before they allow a rider to work for their platform.
  • Must provide each rider with a training record verifying that the rider has successfully completed induction training.
  • Must maintain records of high-visibility PPE provision and training records of delivery riders.

Furthermore, all riders will be legally required to use or wear the PPE that has been provided to them while delivering food or drink and must produce their training record if requested by a SafeWork NSW inspector or NSW police officer.

Penalties and fines will apply to platforms and riders who cannot show that they have met these requirements.