
DRAFT NACOSH Temporary Workers Work Group             October 18, 2015

Protecting Temporary Workers:  General Responsibilities
General Responsibilities

Introduction: The staffing agency and the staffing agency's client (the host employer) are joint employers of temporary workers and, therefore, both are responsible for providing and maintaining a safe work environment for those workers. The staffing agency and the host employer must work together to ensure that the Occupational Safety and Health Act of 1970 (the OSH Act) requirements are fully met. See 29 U.S.C. § 651. The extent of the obligations of each employer will vary depending on workplace conditions and should therefore be described in the agreement or contract between the employers. Their safety and health responsibilities will sometimes overlap. Either the staffing agency or the host employer may be better suited to ensure compliance with a particular requirement, and may assume primary responsibility for it. The joint employment structure requires effective communication and a common understanding of the division of responsibilities for safety and health. Ideally, these will be set forth in a written contract. 

   1. Host Employers are typically responsible for providing site-specific training including site-specific hazards and emergency response, assessing the need for PPE, providing PPE and training workers on the proper use and inspection of PPE. 


   2. Under OSHA rules for recording and reporting occupational injuries and illnesses, host employers also are required to maintain records of illnesses and injuries of temporary employees if the temporary workers are subject to the host employer's direction and supervision. If they are not, then the staffing firms must record the illnesses and injuries on their own OSHA 300 logs. The rules' purpose is to ensure timely and accurate record-keeping by the employer in the best position to obtain the information and to assist OSHA in identifying high-hazard employers. Host employers also are required to cover temporary employees under OSHA's 1986 Hazard Communication Standard, which requires employers to notify employees of hazardous substances in the workplace, and should engage in medical surveillance or evaluations with respect to temporary workers.


   3. The following sample procedures for Host Employers and Staffing Agencies are meant to be used as examples for companies providing or utilizing temporary workers. 

















Protecting Temporary Workers: Host Employer Sample Procedure 
General Responsibilities
      1. Provide a comprehensive job plan, worker support, communication, evaluation and feedback to the Staffing Agency.
      2. Develop, communicate and agree upon responsibilities of each entity.
      3. Provide a clear line of communication between for Staffing Agency and temporary Worker support.
      4. Advise Temporary Workers how to obtain more specific information at the work site to protect themselves from hazards they are likely to face on the job.
Host Employer Checklist:
   1. Prepare a job plan which includes: 
         a. Comprehensive job scope with projected timeline
         b. Job Safety Analysis
         c. List of inherent and potential hazards at the worksite 
         d. PPE hazard assessment and required PPE; generally, the host employer is to provide PPE and training
         e. List of workers needed
         f. Tasks to be performed with written job descriptions
         g. H&S Requirements 
                 i. Temporary worker mentor/supervisory guidelines
                 ii. Worksite emergency response procedures 
                 iii. Worker skills, training and required certifications for specialized work 
                 iv. Incident reporting and investigation
                 v. Responsibility for supplying PPE
                 vi. Periodic communication and progress review
                 vii. Replacement of workers as necessary
         h. Contact list for bidding process
         i. Key contract elements 
         j. On-site job review as needed
   2. Utilize a standardized evaluation process to select the staffing agency:
         a. Review staffing agency policies, practices, procedures, and records including: 
                 i. Examples of Management HSE leadership
                 ii. Staffing agency's general safety training and orientation programs for temporary workers; post-incident training of temporary workers; and procedures for sharing results of worksite evaluations/inspections with temporary workers
                 iii. Examples of temporary employee involvement in incident investigations and responses, input into and suggestions for improvement in safety of host employer worksites
                 iv. OSHA citations
                 v. Procedures and practices for screening and verifying temporary employees' work credentials, including but not limited to reference checks; background checks; drug tests; skills testing; integrity testing; basic safety knowledge assessments; and physicals/medical examinations  
                 vi. Incident reporting and investigation procedure and records
                 vii. Staffing agency's risk management policies and practices
                 viii. Records pertaining to staffing agency's classification of temporary workers as employees or independent contractors
                 ix. Examples of staffing agency's ongoing safety communication with temporary workers and host employers
                 x. Staffing agency's methods for staying up-to-date with laws and regulations pertaining to employee safety, as well as general employment and wage and hour laws
   3. Agree upon a comprehensive contract with the selected Staffing Agency
         a. Section 1 (a), (e-g) above
         b. Additional roles and responsibilities; e.g., responsibility for and verification of general and site-specific safety training, recording of temporary employees' injuries and illnesses on OSHA 300 Log
         c. Job on-site review as appropriate
         d. Procedure for Scope change
Protecting Temporary Workers:  Staffing Agency Sample Procedure 
General Responsibilities
      1. Provide worker HR Support, communication, evaluation and feedback
      2. Verify temporary workers' credentials and provide general safety orientation
      3. Staffing firms have a "general duty" to take reasonable steps to determine conditions at the work site, provide employees with generic safety information, and advise them how to obtain more specific information at the work site to protect themselves from hazards they are likely to face on the job
 Staffing Agency Checklist:
   1. Obtain from the Host Employer and evaluate: 
         a. Comprehensive job scope with projected timeline
         b. Job Safety Analysis
         c. List of worksite inherent and potential hazards
         d. PPE hazard assessment and required PPE which will be provided ( typically by the host employer)
         e. List of workers needed
         f. Tasks to be performed
         g. Worksite emergency response procedures
         h. Past years' OSHA 300 logs
         i. OSHA citations
            
      2. Prepare a temporary worker HR Support/communication/evaluation and feedback plan 
   3. Prepare documentation in preparation for the host employer Health and Safety evaluation.
         j. Provide records and other information upon request including: 
                 i. Examples of Management HSE leadership
                 ii. Staffing agency's general safety training and orientation programs for temporary workers; post-incident training of temporary workers; and procedures for sharing results of worksite evaluations/inspections with temporary workers
                 iii. Examples of temporary employee involvement in incident investigations and responses, input into and suggestions for improvement in safety of host employer worksites
                 iv. OSHA citations
                 v. Procedures and practices for screening and verifying temporary workers' credentials, including but not limited to reference checks; background checks; drug tests; skills testing; integrity testing; basic safety knowledge assessments; and physicals/medical examinations.
                 vi. Staffing agency's risk management policies and practices
                 vii. Records pertaining to staffing agency's classification of temporary workers as employees or independent contractors
                 viii. Examples of staffing agency's ongoing safety communication with temporary workers and host employers
                 ix. Staffing agency's methods for staying up-to-date with laws and regulations pertaining to employee safety, as well as general employment and wage and hour laws
                  
   2. Coordinate as requested and as appropriate a comprehensive contract with the host employer.
         a. Section 1 (a), (e-h) above
         b. Additional roles and responsibilities; e.g., responsibility for and verification of general and site-specific safety training, recording of temporary employees' injuries and illnesses on OSHA 300 Log
         c. Job on-site review as appropriate
         d. Procedure for Scope change

