SAFE PRACTICE OSHA’s Heightened Focus on Temporary Employees DARREN J. HUNTER, ROONEY, RIPPIE & RATNASWAMY LLP, CHICAGO M


ore than any time in recent history, employers rely on a stable of temporary or


contract workers to perform at all levels, including highly specialized tasks. From an employment perspective, the staffing agency is the “true” employer, but it and the host company may be considered the employer depending on the context. Te scope of legal duties and responsibilities of the agency and host employer, such as salary, overtime, benefits, uniforms, equipment and transportation, usually are set forth in the contract between them. From an Occupational Safety and


Health Administration (OSHA) per- spective, both parties share responsibility to provide a safe and healthful environ- ment for the temporary employees. OSHA’s primary concern is that


temporary workers often do not receive the same level of attention, focus and training as full-time employees, increas- ing their risk of injury. OSHA has stated the host employer must treat temporary workers the same as full-time employees in terms of accident prevention, safety protections and training. To ensure the safety of temporary


workers does not fall through the cracks, OSHA launched a temporary worker initiative in April 2013 and has since published various guidelines on it. See www.osha.gov/temp_workers. OSHA routinely asks about tempo-


rary workers during workplace inspec- tions. If a reportable incident occurs involving a temporary worker, OSHA is likely to conduct separate workplace inspections of the staffing agency and host employer. Both parties may receive citations if they are found to be out of compliance. Although OSHA does not have a specific rule addressing temporary workers, it has the authority to issue cita- tions to any “employer” who is operating out of compliance with its standards. While the staffing agency and host


employer have joint responsibility over workplace safety of temporary employ- ees, they do not necessarily have the same roles. In some cases, their roles may vary depending on the underlying circum- stances. Ideally, the staffing agency and host employer delineate their specific


roles with respect to workplace safety in their contract. Te staffing agency and host employer should maintain a strong line of communication to ensure the ongoing safety of temporary employees.


Hazard Assessments OSHA recognizes the host employer


as primarily responsible to perform haz- ard assessments, because it controls the worksite and has direct knowledge of the hazards. Te host employer is required to perform these for its full-time employ- ees, so those same assessments likely would apply for temporary employees. Tat said, OSHA has made it clear the staffing agency must work with the host employer to understand the hazards. For example, the staffing agency can tour a worksite, review job hazard analyses and take inventory of the hazards. It will be in a better position to assign a well suited temporary employee to the job; one who is competent, experienced and properly trained.


Training


Temporary employees must receive the same level of training as full- time employees regarding hazards to which they are exposed. Troughout its standards, OSHA requires general safety training, site-specific training and task-specific training. If the temporary employee is not properly trained, the staffing agency and the host employer both may receive a citation. To ensure compliance with train-


ing requirements, OSHA recommends the staffing agency and host employer each provide safety and health training. For example, the staffing agency may provide basic health and safety training. Given the unique circumstances at each worksite, the host employer generally is responsible to ensure the temporary employee receives site-specific and task- specific training. However, the staffing agency should confirm all necessary training was performed in a manner and in a language the temporary employee can understand. Both parties should track all of the temporary employee’s training and communicate that informa- tion to one another.


Personal Protective Equipment With limited exceptions, the em-


ployer is required to provide and pay for all personal protective equipment (PPE). From a practical standpoint, the host em- ployer generally is responsible for provid- ing PPE because it primarily assesses the hazards that are unique to the workplace and monitors employees on a day-to-day basis. Nonetheless, the staffing agency and host employer should determine which is responsible to provide PPE.


Recordkeeping When an employee suffers a “record-


able” injury, the employer is required under Part 1904 of OSHA’s regula- tions to add the details of the injury to three separate forms: the 300 log, 301 injury form and 300-A summary. If a temporary employee is injured, only one employer is required to record the injury. Because the injury is generally recorded at the establishment where it occurred, the host employer usually is responsible for recording the injury. Te host employer should notify the


staffing agency of the incident, so the agency may take follow-up action such as notifying the workers’ compensation in- surance carrier. Te agency may want to undertake its own incident investigation.


Incident Investigation Incidents generally occur at the host


employer’s premises, but the staffing agency should be involved in the inves- tigation. It will be in a better position to assess whether the host employer has fulfilled its responsibility to maintain a safe workplace. All employees , full-time and tempo-


rary, must receive the same level of train- ing and safety protections for the tasks they perform. Both the staffing agency and host employer must be proactive to ensure temporary employees are protect- ed. Simply put, the staffing agency can- not rely on ignorance of unsafe working conditions in the workplace, and the host employer cannot rely on the fact that an employee may be temporary.


Contact the author at darren.hunter@r3law.com, www.r3law.com.


February 2015 MODERN CASTING | 53


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76