Page:Workplace Safety and Health Act 2006.pdf/18

18 :(iii) as if the volunteer were at work when doing work for the other person.

(3) For the purposes of this Act, any reference to an employee shall also include a person who is in a workplace for the purpose of receiving on the job training or gaining work experience, including under a rehabilitation scheme (referred to in this subsection as person A), and this Act shall apply—
 * (a) as if the person A were an employee of the person (referred to in this subsection as person B) who agreed to provide on the job training or work experience;
 * (b) as if person B were that person A’s employer; and
 * (c) as if person A were at work when in the workplace for the purpose of receiving on the job training or gaining work experience.

(4) Where—
 * (a) an employer places an employee (referred to in this subsection as the loaned employee) at the disposal of another person to do work for that other person; and
 * (b) there is no contractual relationship between the employer and that other person regarding the work to be performed by the loaned employee,

then, for the purposes of this Act—
 * (i) the loaned employee shall be regarded as if he were an employee of that other person (instead of his employer) while the loaned employee is at work for that other person;
 * (ii) that other person shall be regarded as if he were the employer of the loaned employee while the loaned employee is at work for that other person; and
 * (iii) the loaned employee shall be regarded as if he were at work when doing work for that other person.

(5) Where a person carries on any work in a factory—
 * (a) the occupier of the factory shall be deemed to be the employer of the person; and