TEMPORARY WORKER SAFETY

Transcription

1 TEMPORARY WORKER SAFETY A Tactical Playbook for Reducing Liability and Complying with OSHA Requirements

2 insider Report: Worker Safety contents I. EXECUTIVE SUMMARY Keeping temporary workers safe is a complex issue... 1 II. ACCIDENT PREVENTION OSHA clarifies day-to-day supervision for temporary worker injury and illness recordkeeping... 2 Can OSHA curb temporary worker deaths?... 3 OSHA issues guidance for recording temp worker injuries... 5 OSHA, NIOSH issue guidance on protecting temp workers... 6 Cooperation and coordination create better protection for temporary workers... 7 III. IMPROVING SAFETY CULTURE Cal/OSHA issues new temp worker guidance... 9 Groups seek improvement in protection for temp workers NSC occupational keynote focuses on temporary worker safety Important update on temporary worker safety and health Train temporary workers to prevent permanent damage IV. EMPLOYER RESPONSIBILITY OSHA chief updates safety professionals on agency initiatives: Temp workers, silica, and more companies cited following temporary worker injury, fatality Employer responsibility for contingent worker safety Tips for keeping temporary employees safe Both temporary agency, host employer cited and cleared in worker s heat illness V. CHECKLISTS AND ASSESSMENTS Host employer facility inspection checklist for staffing agencies Temporary worker safety checklist for host employers Temporary worker safety checklist for staffing agencies OSHA temporary worker safety quiz Temporary worker safety quiz Bonus on-demand webinar Temporary worker safety 101: Critical strategies for meeting OSHA compliance obligations... 40

3 executive summary Keeping temporary workers safe is a complex issue Dear Colleague, Ensuring the safety of temporary workers is a challenging task. According to OSHA, many serious or fatal injuries sustained by temporary employees are directly related to poor training and provision of safety equipment to temporary employees compared to those who work full-time. Since launching the Temporary Worker Initiative (TWI) in 2013, OSHA has been stepping up enforcement efforts to prevent work-related injuries and illnesses among temporary workers, one of the fastest growing employment sectors. OSHA stresses that both the host employer and the hiring/staffing agency are responsible for the safety of temporary workers, and has identified key areas that should be thoroughly addressed prior to placement including training, hazard recognition, clear documentation of roles and responsibilities, and compliant illness and injury tracking. Regulations aim to protect and improve the safety and wellbeing of all workers, including temporary workers from their first day on the job. For temporary workers, both employers and staffing agencies must implement and enforce compliance policies to avoid both injury and financial repercussions in the form of penalties and lawsuits. From helping you understand the latest OSHA regulations on temporary worker safety, to strategies for improving temporary worker training and adherence to your company s safety culture, this in-depth Safety Insider Report will provide the knowledge you need to limit your liability, comply with federal regulations, and drive safety success in your organization for your entire workforce. Sincerely, Amanda Czepiel, JD Senior Managing Editor EHS BLR Business & Legal Resources Simplify Compliance Drive Success BLR.com PUBLISHER President, BLR Business & Legal Resources Rafael Cardoso rdardoso@blr.com EDITORIAL Senior Managing Editor Environmental, Health & Safety Amanda Czepiel, JD aczepiel@blr.com Senior Editor Emily Scace escace@blr.com ART Creative Director Vincent Skyers vskyers@blr.com Creative Designer Karen Christner kchristner@blr.com MARKETING & OPERATIONS VP Marketing Workforce Amy Wieman awieman@blr.com Sr. Marketing Manager Kim St. Lawrence kwalleston@blr.com SALES Executive Vice President of Sales Beth Greene bgreene@blr.com Sales Manager Paul Manko pmanko@blr.com Copyright 2017 BLR Business & Legal Resources 1

4 accident prevention OSHA clarifies day-to-day supervision for temporary worker injury and illness recordkeeping By David Galt, Senior Legal Editor OSHA recently clarified who is responsible for recording injuries and illnesses of contingent or temporary workers when supervision is shared by the host employer and the temporary staffing agency. The clarification came through a recent OSHA letter concerning temporary workers. ONLY ONE EMPLOYER CAN PROVIDE DAY-TO- DAY SUPERVISION There can only be one employer actually providing day-today supervision under OSHA s recordkeeping regulation. In other words, for purposes of OSHA recordkeeping, there cannot be joint day-to-day supervision of temporary workers OSHA s injury and illness recordkeeping regulation at 29 CFR requires employers to record the recordable injuries and illnesses of employees they supervise on a day-to-day basis, even if these workers are not carried on the employer s payroll. The host employer has to record the injuries and illnesses of temporary workers it supervises on a day-to-day basis. But if a contractor s employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness, not the host employer. HUMAN RESOURCES ADMINISTRATIVE FUNCTIONS IS NOT DAY-TO-DAY SUPERVISION FOR OSHA RECORDKEEPING PURPOSES Administrative activities such as vacation/leave requests, compensation and benefits, and drug screening conducted by the staffing agency would typically be considered human resource activities, and would not rise to the level of day-to-day supervision, according to the OSHA letter. SUPERVISING DETAILS, MEANS, METHODS, AND PROCESSES IS DAY-TO-DAY SUPERVISION FOR OSHA RECORDKEEPING PURPOSES If the staffing agency assigns daily tasks to the temporary workers, then the staffing agency is responsible for recording injuries and illnesses on the OSHA 300 form. Assigning daily tasks constitutes supervising the details, means, methods, and processes by which these tasks are to be accomplished. In other words, day-to-day supervision occurs when in addition to specifying the output, product or result to be accomplished by the person s work, the employer supervises the details, means, methods and processes by which the work is to be accomplished. GUIDELINES FOR HOST EMPLOYERS AND STAFFING AGENCIES Companies, contractors, and staffing agencies must coordinate their efforts to ensure that each injury and illness is recorded only once by the employer who provides dayto-day supervision. As such, there can only be one employer actually providing day-to-day supervision under OSHA s recordkeeping regulation. In other words, for purposes of OSHA recordkeeping, there cannot be joint day-to-day supervision of temporary workers. Also, the determination regarding which entity must record the injuries and illnesses of temporary workers must be based on the actual facts concerning day-to-day supervision at the worksite. This means that the entity that actually provides day-to-day supervision is responsible for recording cases on the OSHA Log regardless of the wording of the parties contractual arrangements. 2

5 accident prevention Can OSHA curb temporary worker deaths? OSHA is taking steps to address a spate of fatalities among temporary workers and others who are new to their jobs. A memo to regional administrators directs field inspectors to assess whether employers that use temporary workers are complying with their duty under the law. OSHA inspectors will use a new code in their information database to identify situations in which temporary workers are exposed to safety and health violations. They will also assess whether these workers received training in a language they could understand. OSHA is working with the American Staffing Association and employers that use staffing agencies to promote best practices. The big problem, according to OSHA, is that employers fail to provide safety training to temporary workers. Or, if instruction is given, it does not adequately address a hazard that could contribute to a fatality. One of the most egregious cases was that of a 21-year-old temporary employee who died on his first day on the job at the Bacardi Bottling Corporation plant in Jacksonville, Florida, in The young man was crushed to death by a palletizer machine. OSHA issued two willful citations, claiming that Bacardi Bottling failed to train temporary workers on using lockout/tagout procedures to prevent accidental machine start-ups. At the time of the accident, OSHA Administrator Dr. David Michaels commented, A worker s first day at work shouldn t be his last day on earth. He emphasized that employers are responsible for ensuring safe working conditions and for training all employees, including temporary workers. Contingent workers at risk An excerpt from Sorting Out Safety for Temporary, Contingent, and Contract Workers in California Many sound business reasons support using temporary, on-call, or contract workers, but there are pitfalls, too. Contingent workers generally have poorer safety records than traditional full-time or part-time workers. And as you ll see in this report, recent developments in California law mean they also pose a greater liability than they did in the past. While temporary workers compose only about 2 percent of the workforce, 708 of the 4,383 workers or 16 percent who died on the job in 2012 were contractors or temporary workers. Reliable injury rates are harder to come by, in part because many employers do not realize they re required to record injuries for temporary workers on the survey information they provide to the BLS, but an independent analysis conducted by ProPublica in 2013 using workers compensation data from 25 states, including California, found that temporary workers in California had a 50 percent greater risk of being injured on the job than nontemporary workers. In none of the states analyzed was the rate comparable to or lower than that of nontemporary workers. Continued on page 4 3

6 accident prevention Contingent workers at risk continued Why would this be? Solid research is lacking, but the strongest possibilities are that: Temporary workers are often new workers. Many of the recorded temporary worker fatalities occurred within the first few days on the job and workers who are new on the job are known to be at increased risk of injury. Temporary workers may be the new workers on the job as often as every few months, increasing their risk. Workers who are new on the job may not be fully aware of workplace hazards, or they may attempt to do things they re not qualified to do without realizing they need additional training or authorization. Temporary workers are often given more hazardous work. Although temporary workers are often given assignments requiring the least skilled labor, others are given more hazardous jobs. This may be a way for employers to obtain workers with highly specialized skills, like crane operators or hazardous waste cleanup personnel, for the duration of a single project, rather than provide additional training to a permanent employee who might not use it much. Employers may also see it as a way to transfer liability for hazardous work, like confined space entry, to another employer although a new California law, discussed later, makes this unlawful. Temporary workers receive less training than direct-hired workers. This may result from multiple factors, including communication failures between the temporary agency and the client employer regarding who is responsible for which training. The client employer may assume that it is hiring workers with specialized skills and training for a specific job. And the client employer may feel it s not necessary to invest heavily in training workers who won t be on the job very long. Temporary workers may suffer higher stress levels and lower morale. Contingent laborers may experience higher levels of stress and suffer from lower morale than direct-hired workers two risk factors that can lead to higher rates of work-related injuries and illnesses. This may be, in part, because their employment situation is less stable, and their wages are sometimes lower than those of direct-hired employees doing the same work. The fact that temporary workers may also lack benefits, like health insurance and access to employee assistance programs, could also contribute. Temporary workers may not report hazardous situations on the job. They may not recognize hazards because of their lack of experience and training. Or they might be reluctant to report hazards because they feel their positions are insecure. Similarly, temporary workers may be reluctant to report job-related injuries and illnesses. The dual-employment situation can lead to confusion over which employer is responsible for which aspects of a worker s employment. This confusion relates not only to training but also to personal protective equipment (PPE) and work environment control. When it comes to occupational safety and health, such confusion can create or exacerbate dangerous work situations. 4

7 accident prevention OSHA issues guidance for recording temp worker injuries Many employers have questions about who is responsible for recording work-related injuries when temporary workers are involved. To help clarify this issue, OSHA has published a new booklet that addresses OSHA 300 recordkeeping for staffing agencies and companies that hire temporary workers. Read on to learn why OSHA has taken this step and why it matters. The new Recordkeeping Bulletin was issued as part of the agency s Temporary Worker Initiative, which combines enforcement, outreach and training. The initiative was launched in response to multiple reports of temporary workers suffering serious or fatal injuries, many during their first days on the job. The bulletin is the first in a series of guidance documents intended to raise awareness about compliance with OSHA requirements when temporary workers are involved. You can download the publication from OSHA s website at workers/osha_twi_bulletin.pdf COORDINATING SAFETY RESPONSIBILITIES When a staffing agency supplies temporary workers to a business, the staffing agency and the staffing firm client (host employer) are joint employers of the workers. And according to OSHA, both are to some degree responsible for determining the conditions of employment and for complying with the law. Questions about which employer is responsible for ensuring various safety and health protections are common. To strike the right balance, OSHA recommends that both employers consider which workplace safety provisions they are in the best position to implement. Generally, staffing agencies can provide workers with basic safety and health training and information about their rights and responsibilities under the OSH Act, while host employers should train temporary workers on specific hazards they will encounter at the worksite and procedures for working safely. However, every situation is different, and OSHA recommends that the two employers coordinate their efforts and agree on safety responsibilities in a contract. SUPERVISION IS KEY For injury and illness recordkeeping, the agency s guidance is more specific. OSHA notes in its new resource that injuries and illnesses should be recorded on only one employer s OSHA 300 log. In most cases, the host employer is responsible for recording these incidents. Recordkeeping responsibility is generally determined by supervision. Employers must record the injuries and illnesses of temporary workers if they supervise them on a day-to-day basis, which OSHA defines as supervising the details, means, methods, and processes by which the work is to be accomplished. Essentially, an employer is considered to be performing day-to-day supervision when that employer controls the conditions presenting potential hazards and directs the worker s activities around those hazards. Because the host employer usually fills this role, it is usually the host employer that is responsible for recording injuries and illnesses on its OSHA 300 log. While the staffing agency may have a representative at the host employer worksite, the presence of that person does not necessarily transfer recordkeeping responsibilities to the staffing agency. But OSHA notes that the staffing agency must share responsibility for its workers safety and health. Agencies should maintain frequent communication with their employees and with the host employer. OSHA also requires that information about injuries and illnesses be regularly shared between the host employer and the staffing agency. If a temporary worker sustains an injury and the host employer knows of it, the staffing agency should be informed, and vice versa. This communication allows both employers to focus on eliminating hazards and providing appropriate training to prevent future injuries. 5

8 accident prevention OSHA, NIOSH issue guidance on protecting temp workers OSHA and the National Institute for Occupational Safety and Health (NIOSH) have released recommended practices to help host employers and staffing agencies better protect temporary workers from hazards on the job. Keep reading to find out what you should be doing. A new publication highlights the joint responsibility of the staffing agency and the host employer to keep temporary workers safe on the job. According to OSHA, these workers are at increased risk of work-related injury and illness. The agency s Temporary Worker Initiative, launched last year, includes outreach, training, and enforcement. In recent months, OSHA has received and investigated many reports of temporary workers suffering serious or fatal injuries, some in their first days on the job. Said OSHA administrator Dr. David Michaels, An employer s commitment to the safety of temporary workers should not mirror these workers temporary status. The new guidance recommends that contracts between staffing agencies and host employers clearly define the temporary workers tasks and the safety and health responsibilities of each employer. It also encourages staffing agencies to maintain contact with workers it places to verify that the host has fulfilled its duty to provide a safe workplace. Among other recommendations from OSHA and NIOSH: Evaluate the host employer s worksite prior to accepting a new host employer as a client. Train agency staff to recognize safety and health hazards. Ensure the agency and host meet or exceed one another s standards. Assign occupational safety and health responsibility and define the scope of work in the contract. Track injuries and illness and share the information with one another. Conduct safety and health training and new project orientation. Establish an injury and illness prevention program. The temporary worker best practices publication is available at www. OSHA.gov/temp_workers. 6

9 accident prevention Cooperation and coordination create better protection for temporary workers When an employer hires a fulltime, permanent employee, there is no question about who will perform the training, provide the protective equipment, and keep the records pertaining to the worker s exposures and safety. With temporary employees, however, confusion and miscommunication can arise over who provides which training and which protective equipment, who keeps the records, and who is responsible for the workers overall safety. For this and other reasons, temporary employees are at an increased risk of accidents, injuries, and fatalities compared with their permanently employed counterparts. OSHA and the National Institute for Occupational Safety and Health (NIOSH) have taken an increased interest in the safety of temporary workers and recently issued a guidance document with recommendations for both host employers and staffing agencies. CAN TWO EMPLOYERS BE BETTER THAN ONE? Because both the staffing agency and the host employer have a stake in keeping workers healthy, OSHA and NIOSH recommend that both employers work together toward this goal. The agencies recommend that host employers and staffing agencies: Perform joint job analyses. When you begin working together, get together and make a joint effort to identify and eliminate potential safety and health hazards as well as necessary training and protections for each worker. Jointly review: Worksites where temporary workers might foreseeably be sent; Potential task assignments; and Job hazard analyses. The staffing agency should provide a document to the host employer for each temporary employee that specifies the worker s skills and training related to the tasks to be performed. Check each other s standards. The host employer and staffing agency should be familiar and comfortable with each other s injury and illness prevention programs. A party may not want to work with the other if their safety-related expectations and standards are vastly different. Put responsibilities in writing. The contract between the host employer and the staffing agency should spell out who is responsible for what with respect to safety. The contract should specify the tasks that the temporary worker is expected to perform and who is responsible for communicating this information to the worker before he or she begins work at the site. It should also spell out each employer s safety and health responsibilities, including which personal protective equipment will be needed and which employer will supply it. The division of responsibilities should be reviewed regularly. Decide how to share information about injuries and illnesses. For statistical purposes, Cal/OSHA requires that injury and illness records be kept by the employer that provides day-to-day supervision, which is almost always the host employer. 7

10 accident prevention However, that does not mean the staffing agency should remain ignorant of injuries to its workers. Both employers should have complete access to information about injuries, and both should track and, where possible, investigate the cause(s) of workplace injuries. Both employers should ensure that no policies or programs could discourage the reporting of injuries or illnesses. The parties should contractually agree on a procedure to share injury and illness information. Address training. Training for temporary workers is a shared responsibility. Staffing agencies should provide general safety and health training applicable to different occupational settings. Host employers should provide training tailored to their particular workplace hazards. The training should be identical or equivalent to that provided to the host employer s own employees performing the same or similar work. Both employers should provide, either separately or jointly, safety and health orientations for all temporary workers on new projects or newly placed on existing projects. Plan for first aid, medical treatment, and emergencies. Temporary employees should be provided with information on how to report an injury and obtain treatment on every job assignment. Host employers should train temporary employees on emergency procedures, including exit routes. Keep lines of communication open. Because the host employer will supervise temporary workers day-today labor, maintaining contact with the workers should not be a challenge for the host but the staffing agency should also be in regular contact with its workers. The staffing agency has the duty to verify that the host has fulfilled its responsibilities for a safe workplace. Some staffing agencies have a hotline for their workers to call to report problems at the host employer s worksite. The staffing agency should follow up on a worker s safety and health concerns and any other complaints with the host employer. 8

11 improving safety culture Cal/OSHA issues new temp worker guidance A recently released fact sheet from Cal/OSHA details requirements and recommended practices for staffing agencies and other primary employers that send workers out to host employer worksites. Keep reading for the essentials. Cal/OSHA s safety and health fact sheet on protecting temporary employees explains that temps work for a host employer but are on the payroll of a primary employer. The primary employer can be (1) an agency that hires workers and sends them to work for a host employer or (2) a professional employer organization (PEO) that puts a host employer s employees on the PEO s payroll as its own. In dual employer situations, both the primary employer and the host must protect employees from hazards and comply with Cal/OSHA regulations. Dual employer situations are different from multi-employer worksites, where two or more employers have workers present, such as at a construction site. It is possible, says Cal/OSHA, to have a dual-employer situation at a multiemployer site. Primary employers in California must do the following: Take reasonable steps to evaluate conditions at the host employer s worksite by doing periodic inspections. Ensure their employees are covered by an effective Injury and Illness Prevention Program (IIPP) and other safety programs required by the assigned work, and ensure they are properly trained and provided necessary personal protective equipment (PPE). Inform employees that if they are assigned work they believe to be dangerous, they may refuse to do that work and may return to the primary employer for reassignment to other work without penalty. Cal/OSHA recommends that the primary employer and host employer develop a contract that specifies their respective responsibilities for compliance with Cal/OSHA regulations. However, a contract does not eliminate either employer s legal obligation to protect temporary employees, and Cal/OSHA can hold both employers liable for hazards to which temporary workers are exposed. The following are some of the best practices recommended in the fact sheet: Be aware of the hazards at the site. Come to agreement with the host employer as to who will be responsible for providing necessary training for employees. Partner with the host to identify areas of the site that post a risk, ensure controls are in place, and that Cal/OSHA standards are being followed. Stay in touch with employees and monitor their safety and health. Get fully involved in incident investigations. Cal/OSHA recommends that the primary employer and host employer develop a contract that specifies their respective responsibilities for compliance with Cal/ OSHA regulations. Federal OSHA has also been focused on ensuring that temporary workers are protected from hazards on the job. Like Cal/OSHA, federal OSHA considers host employers and staffing agencies to be jointly responsible for the safety and health of temporary employees. Compliance officers have been instructed to indicate whether any workers exposed to hazards are temporary workers, and the agency released a joint recommended practices guide on Protecting Temporary Workers with the National Institute for Occupational Safety and Health (NIOSH). 9

12 improving safety culture Groups seek improvement in protection for temp workers Safety and health advocates are working to improve protection for temporary workers, whom they call among our most vulnerable of employees. Keep reading to see who s affected and what it might mean for you. OSHA announced an initiative last spring to ensure that temporary workers are not left out when it comes to safety and health protection. But a coalition that includes unions and safety advocacy groups says more needs to be done. The coalition has proposed a list of recommendations to ensure that there is a clear, shared understanding of procedures and to promote collaborative efforts to protect temporary workers. They have asked that OSHA: Clarify health and safety responsibilities in dual-employer settings (host employers and temporary staffing agencies); Create a written policy specifying training requirements for temporary staffing agencies, including educating workers about their rights under OSHA; Initiate a National Emphasis Program in high-hazard industries that use temporary staffing agencies; Identify the 20 largest temp agencies in high-hazard industries and repeat offenders so that OSHA can investigate whether each agency provided proper training in compliance; Require employers to provide the names and job titles of all workers employed the day of an investigation so OSHA can select those it wishes to interview; Send a notice to the temporary staffing agency when OSHA initiates an inspection explaining that retaliation and intimidation are prohibited; and Partner with nonprofit organizations and host discussions with temporary workers off-site. OSHA S TEMPORARY WORKER INITIATIVE Last spring, OSHA directed field inspectors to assess whether employers who use temps are complying with their duties under the OSH Act. The agency created a new code in its information system to identify when these workers are exposed to safety and health violations. OSHA personnel were also directed to assess whether temporary workers received required training in a language they could understand. OSHA s effort was in response to a growing number of reports of fatalities among temporary workers, many during their first days on the job. 10

13 improving safety culture NSC occupational keynote focuses on temporary worker safety At the NSC Congress and Expo, National Institute for Occupational Safety and Health (NIOSH) director John Howard, OSHA chief David Michaels, PhD, and Yoh chairman Bill Yoh discussed the key safety issues facing staffing firms, temporary workers, and employers that hire temp workers. Keep reading for an update on OSHA s temporary worker initiative and best practices for protecting temporary employees. Since 1990, the temporary staffing industry has seen rapid growth, and since 2009, more than 1.1 million new temporary jobs have been added to the economy. At any given time, approximately 3 million workers are employed in temporary positions, but over the course of a year, U.S. staffing agencies hire 11 million temporary and contract employees. OSHA has been heavily focused on the safety of temporary workers since the launch of its temporary worker initiative in April Since that time, the agency has published a recordkeeping bulletin and a joint best practices document with NIOSH, and has begun directing its compliance officers to inquire about the presence of temporary workers during all inspections. According to Michaels, the agency will release forthcoming bulletins focusing on whistleblower protection, personal protective equipment (PPE), training, hazard communication, and noise exposure when temporary employees are involved. Temporary workers have the same right as permanent employees to a safe and healthy workplace, and employers that use temporary workers must ensure that they uphold this principle. That means temporary workers must be provided with safety training and other protective measures equivalent to what their full-time counterparts receive. Host employers and staffing agencies should outline in a contract where each party s safety responsibility lies and coordinate their efforts to ensure that all hazards are addressed. BEST PRACTICES FOR STAFFING AGENCIES According to Bill Yoh, there are approximately 17,000 temporary employment agencies in the United States. However, only about 10 percent of these are members of the American Staffing Association (ASA), and less than 1 percent are members of the National Safety Council (NSC). When looking to fill temporary staffing needs, Yoh recommends that employers seek out staffing firms that belong to the ASA and/or the NSC to ensure that they are working with a company that values the safety of its workers. Yoh, a leading staffing firm and a member of both the ASA and the NSC, has an injury rate well below the industry average. The following are a few of the best practices that have helped the company succeed at creating a culture of safety: A defined process for managing workplace safety incidents and injuries and illnesses; Notification to the CEO of any injuries resulting in days away from work within 24 hours; Management of workplace injury claims; Detailed job descriptions and thorough candidate screening; General safety training prior to assigning temporary workers to job sites; Ongoing safety communication; A safety review of host employers and secondary suppliers; Reporting safety performance in the same way as other critical management metrics; and Inclusion of off-the-job safety and wellness training as part of an overall safety culture. Download BLR s Temporary Worker Safety Checklist for more best practices for temporary worker safety. 11

14 improving safety culture Important update on temporary worker safety and health OSHA is concerned about the safety and health of temporary workers and wants employers to do more to protect this large and growing population. This Compliance Report provides an update on OSHA s Temporary Worker Initiative (TWI). It also offers clarification and insight from national experts on OSHA and labor law. Keep reading to learn who s actually getting cited and if a temporary work standard may be on the horizon. OVERVIEW OF THE SITUATION In 2013, OSHA announced that temporary worker protection was a top priority. The announcement was a response to increasing reports of serious or fatal injuries, some in workers first days on the job. At issue are temporary workers, defined as those who are hired and paid by a staffing agency and supplied to a host employer to perform work on a temporary basis. According to the American Staffing Association, U.S. staffing companies employed an average of 3.15 million temporary and contract workers per week in the second quarter of this year. That s up nearly 6 percent from the same period in Why the uptick in the number of temporary workers? Attorney Eric J. Conn chairs the OSHA Workplace Safety Practice Group for the law firm Conn Maciel Carey ( com). He points first to the unstable economy of the past several years and the fact that employers choose temps as a less costly investment than permanent workers. Conn believes a larger issue is the Affordable Care Act (ACA), which requires employers with 50 or more full-time employees who work 30 or more hours per week to provide health insurance or pay a penalty. One way to avoid that is to use more temporary workers. Conn says that when Massachusetts implemented its own version of the ACA, temporary employment in the commonwealth increased six times faster than elsewhere in the United States. 12

15 improving safety culture Nationally, the spike in temporary workers is expected to continue and was a motivating factor for OSHA s initiative. The agency acknowledges that nonpermanent employees are more susceptible to job injuries than other workers. OSHA cites studies showing that new workers are at greatly increased risk for injury, and most temporary workers will be new multiple times per year. Another concern is that employers tend to invest less in training because temporary workers may not be around for long. Finally, some employers assign temporary workers more hazardous tasks to protect their permanent workforce from these undesirable jobs. Protecting this employee population has been the subject of a number of recent studies and reports. The nonprofit news organization ProPublica conducted an analysis of millions of workers compensation claims. It showed that in five states representing EXPERT SOURCE: Attorney Eric J. Conn Founding partner of Conn Maciel Carey and Chair of the firm s national OSHA Workplace Safety Practice Group. His practice focuses exclusively on issues involving occupational safety and health law J.D., University of Virginia School of Law, with honors, Virginia Law Review. Pro se clerk at the U.S. District Court for the District of Columbia. B.A., University of Virginia, 1997 about 20 percent of the U.S. population, temporary workers are at significantly higher risk of being injured than permanent workers. The numbers were especially high in California and Florida, where temps face about a 50 percent greater risk of injury. Complicating the issue is the matter of workers compensation, where employers with higher injury rates pay higher premiums. According to ProPublica, Hiring temp workers shields companies from those costs. If a temp worker gets hurt, the temp agency pays the workers comp, even though it has little or no control over job sites. OSHA RESPONDS TO THE SPIKE IN DEATHS AND INJURIES On April 29, 2013, the Temporary Worker Initiative was launched to increase OSHA s focus on temporary workers in order to highlight employers responsibilities to ensure these workers are protected from workplace hazards. The initiative is based on the principle that temporary workers are entitled to the same protections under the Occupational Safety and Health Act as all other covered workers. As to who is responsible for worker protection, OSHA stresses that the staffing agency and the client (host) jointly employ the temporary workers and are both responsible for providing a safe work environment. According to OSHA, both must work together to ensure that the Occupational Safety and Health Act of 1970 (the OSH Act) requirements are fully met. The obligations on each side vary depending on workplace conditions and should be described in the employers contract or agreement. Both the staffing agency and the client must work together to ensure that the OSH Act requirements are fully met. OSHA notes that safety and health duties may overlap. However, both employers should consider which safety and health requirements they are in the best position to oversee. For example, staffing agencies can often provide general training on workplace safety and health, while host employers are typically better suited to provide site-specific and job-specific training and to ensure that temporary employees follow safe work practices. BEST PRACTICES STRESS COMMUNICATION, COOPERATION OSHA and NIOSH have issued a set of recommended practices to help staffing agencies and host employers collaborate on temporary worker protection. The following is a summary of those recommendations. Evaluate the host employer s worksite. The staffing agency and host employer should jointly review all worksites where employees may be sent and the tasks they will perform and conduct job hazard analyses to identify hazards and determine what training and protections are needed. 13

16 improving safety culture Train agency staff to recognize safety and health hazards. Many staffing agencies do not have dedicated OSH professionals. By teaching agency representatives about basic safety principles and hazards, the agency is in a better position to identify hazards. Ensure that each employer meets or exceeds the other employer s standards. The host employer and staffing agency should exchange and review one another s safety programs. Host employers should review training records of the temporary workers involved in the assignment. Assign OSH duties and define the scope of work in the contract. Duties will vary depending on workplace conditions and should be described in the agreement. The employees duties and job tasks should be communicated to the employee before work begins. Clearly defining the duties discourages the host employer from asking workers to perform tasks they are not qualified or trained to do. Injury and illness tracking. Information about a temporary worker injury should be shared with both employers to allow for internal tracking and investigation; however, only one employer should record injuries on an OSHA 300 Log. OSHA requires that injury and illness logs be kept by the employer who is providing day-to-day supervision in most cases, the host employer. The contract should identify the supervising employer and state that this employer is responsible for maintaining injury and illness records. Also, no policies that discourage reporting should be in place. Employers are prohibited from retaliating against a worker for reporting an injury or illness. Conduct training and new project orientation. OSHA requires site- and task-specific safety training in a language and vocabulary that workers understand. Host employers should provide temps with safety training that is identical or equivalent to what is provided to the host employer s permanent employees. Injury and illness prevention program. OSHA recommends that both employers have a safety program in place. The elements of the program should be Effective employee discipline To effectively enforce compliance with safety rules, a discipline program must be: Communicated. Workers must know the safety rules and the penalties for not complying. Progressive. Minor infractions, first offenses, and inadvertent slipups should receive less severe penalties than repeat offenses or actions that could cause serious injuries. If a temporary worker is caught without safety gear, a warning might be in order. The same worker caught without safety gear 6 months later should receive a stronger penalty. The steps in progressive discipline are oral warning, written warning, suspension, and termination. Fairly applied. Workers may have grounds for retaliation claims if they are disciplined for infractions for which other workers are not. Also, if a worker is disciplined for something that is not his or her fault for example, the worker was using safety equipment in poor repair because the employer did not provide replacement gear the employer could be liable. Consistently enforced. Work rules should be consistently enforced, and workers who continue to violate the rules despite training and guidance should be disciplined following the steps in progressive discipline. If workers are disciplined only after an accident, you re not going to get positive results from discipline. Employers that demonstrate an effective safety program can generally show an extensive record of regular worksite inspections, oral warnings for minor infractions, and written warnings for repeat infractions, rather than simply documenting suspensions or terminations for major infractions or accidents. Documented. Make sure you keep a record of each time you discipline a worker for violating a safety-related rule, the rule for which the worker was disciplined (oral or written warning, or perhaps a suspension and required retraining). 14

17 improving safety culture communicated at the start of each new project, when new temporary workers are brought into an existing project, or when new hazards are introduced. Certain hazards, like bloodborne pathogens and hazardous energy, require hazardspecific programs. Maintain contact with workers. OSHA and NIOSH recommend that the staffing agency establish methods to stay in touch with temporary workers while they are working at a client site. The staffing agency should have a written procedure for workers to report any hazards or safety concerns. WHERE THE RUBBER MEETS THE ROAD What s happening on the ground in terms of OSHA enforcement of temporary worker violations? OSHA legal expert Conn explains, At the end of the day, we re finding that either the host is the only employer being cited, or the host is being cited along with the staffing agency. Conn tells businesses that regardless of the description of the parties and the details of the contract language, It s in your interest to think about these employees as your workers when it comes to OSHA compliance. From a practical standpoint, OSHA is enforcing against the host and ignoring other distinctions. That represents a shift for many employers who use staffing agencies believing that because the employers are not theirs, they are not responsible for their safety and health. An OSHA citation is nothing more than an allegation, adds Conn, and it can be legally defended. But butting heads with the agency can cost an employer a good bit in legal fees. What s more, the process can be slow and frustrating. A wiser approach is for businesses that use temps to establish a strong safety and health program that extends to their nonpermanent workers. Conn believes OSHA s Temporary Worker Initiative is not the agency s last word on the subject and is, in fact, the first step in a longer process. According to Conn, OSHA has directed compliance officers to gather data on temporary workers in conjunction with other types of inspections. I believe they are going to take that data and use it to develop an enforcement program that targets the industries they found are most often using temporary labor, he adds. MAKE SURE YOU RE DOTTING THE i S In light of the unique nature of this issue and the current intense enforcement environment, Conn recommends the following: The temporary staffing agency and host employer should set out their respective safety-related responsibilities in the contract. While you cannot contract away OSHA obligations, a clear contract will avoid duties falling through the cracks. Both employers should conduct new hire/new project safety orientations, working together to ensure that general and site-specific topics are covered. Both employers and the temporary workers should maintain open and effective communication so that timely reporting is conducted, hazards are corrected, and concerns are raised. Workers should let the staffing agency know if they are asked to perform work outside the scope of the assigned duties. Both employers should perform a hazard assessment. While staffing agencies need not become safety experts, they should be able to assess conditions, recognize hazards, and know how to address them. It s in your interest to think about [temporary] employees as your workers when it comes to OSHA compliance. The host employer should evaluate whether temporary workers may be treated by the labor department as the host s direct employees and respond accordingly. If the worker is considered an employee, safetyrelated responsibilities are no longer shared between the host and the staffing agency. All duties shift to the host employer. THE ROLE OF COMMUNICATION Communication is one of the biggest stumbling blocks to effective protection of temporary workers, according to safety law expert and attorney Adele Abrams. Her firm ( com) has handled many temporary worker injury and fatality cases. She explains using the example of an employer who requests a staffing 15

18 improving safety culture agency to provide five workers to remove widgets from a conveyor. No supervisor accompanies the crew. And the host employer assumes that the labor agency is not only furnishing warm bodies, but intelligent warm bodies who have had safety training and know how to use gloves, goggles, and hearing protection. Abrams adds that it s not enough for host employers to tell temporary workers where the bathrooms are located. They must explain how things work, the risks, and the need for personal protective equipment (PPE), as well as supply the gear. Effective communication between staffing agencies and host employers as recommended by OSHA goes a long way toward protecting temporary workers. Abrams stresses that in order for a staffing agency to send EXPERT SOURCE: Attorney Adele L. Abrams, Esq., CMSPv Abrams is Firm President of the Law Office of Adele L. Abrams PC, a full service law firm, focusing on occupational and mine safety and health, employment, and environmental law. Attorney (MD, DC, PA), Certified Mine Safety Professional, Court-Approved Mediator, Collaboratively Trained Attorney. JD, George Washington University, Washington, DC. BS, University of Maryland, College Park. Adjunct faculty, Catholic University of America (Labor/Employment Law). appropriate workers, the agency must understand the types of skills required for the job. Similarly, host employers must clearly communicate training requirements to the staffing agency. The host needs to understand that for OSHA purposes, when these employees are on site, the host is the supervisor and will be held accountable if they are allowing people to work in an unsafe manner, allowing them to work without training, or without proper PPE. Abrams says it comes down to communication. If employers were more forthcoming about the nature of the risks at their facilities and if staffing agency personnel visited the sites, incidents could be prevented. Abrams recalls one case that involved a staffing agency selected to furnish workers for a government contract. The owner of the agency had no safety background and assumed with basically a handshake that the general contractor was going to be doing training for her workers, recalls Abrams. Sadly, one of the untrained temporary employees was struck and killed by equipment while working in a trench. The general contractor pointed a finger at the staffing agency, which was aware of the type of work to be performed and should have trained appropriately. The head of the staffing agency said she had been told the general contractor s safety manager would be providing on-site training. In this case, the staffing agency got fined, but the general contractor got hit much harder, as it was his worksite, explains Abrams. Tragically, poor communication between the agency and the host cost a worker his life. Things get even more complex when employees have low or no English language skills. They never want to tell a contractor they re not going to do something they haven t been trained for, says Abrams. They re afraid that if they buck the system, they may never be hired again. Poor communication is also a factor once temps are hired and are working alongside regular employees. A day laborer or contract employee isn t part of the team and may even be considered a threat to team members, she explains. On the other hand, permanent employees who feel they are part of a team tend to look out for one another and address possible risks. Abrams strongly urges agencies that use temporary workers to take 10 minutes to review job safety analyses with them. My head explodes when I think of how many nonfatal and fatal incidents could be avoided by taking that extra step. MAKE SURE YOU RE NOT PART OF THE PROBLEM The use of temporary workers is on the rise and is not expected to slow down any time soon. Both staffing agencies and host employers need to address the protection of these workers and take recommended steps to prevent injuries and deaths. Learn more about the issue at the OSHA temporary worker web page, temp_workers. 16

19 improving safety culture Train temporary workers to prevent permanent damage If a worker makes a mistake and causes an accident that injures anyone or results in significant property damage or lost worktime, will it make any difference to you whether that worker is a direct-hired, permanent employee or a temporary employee? The damage is the same either way but the temporary worker is much more likely to create it. Training your temporary workers properly can help prevent serious injury and permanent damage in your workplace. BACKGROUND ON TRAINING TEMPORARY WORKERS Who needs to be trained? All workers, including temporary workers, must be covered by an employer s Injury and Illness Prevention Program (IIPP), which includes training requirements for every employee. Why train temporary workers? Temporary workers have a significantly increased risk of accidents and injuries when compared to permanent or direct-hired workers, and inadequate training has been shown to be a significant cause. PRACTICE TIP Make sure temporary workers understand that they re vital to your operation and that their safety matters. BASICS OF TEMPORARY WORKER TRAINING Instructions to Trainer: Temporary workers receive some training from the temporary agency and some from their host employer. Review the areas the other employer should have trained them in, and make sure their training has covered all subjects they will need. If you re a temporary worker, you re at increased risk of occupational injury and illness. Here are some ways to keep yourself safe. 17

20 improving safety culture Understand the duties that go with your assigned job. You could be injured if you attempt to do work outside your assigned job duties, like operate equipment or perform job tasks you re not trained on or enter restricted areas. Stay safe by: Going over your job description and making sure you have received training in how to safely perform each task, operate each piece of equipment, and use any personal protective equipment (PPE) assigned to you. Not doing tasks you haven t been trained to do, even if you have received training in those types of tasks at a different workplace at some point in the past. Unless you have been instructed otherwise, only your current training applies to your current job. Don t let your status as a temporary worker lead you into a situation in which you can do permanent harm to yourself or someone else. Make sure you understand what to do in an emergency situation. You should: Understand the emergency alarm system and how each type of alarm sounds. Know how and when to activate the emergency alarm system. Know at least two exit routes from your work area and the location of the assembly point. Know where your nearest eyewash and safety shower are located if you work with or near hazardous chemicals. Ask your supervisor if you need additional safety-related information regarding your job. Don t just wing it. Part of your supervisor s job is to keep you safe. You may need to talk to your supervisor if you: Observe a situation you believe is hazardous; Are uncertain whether a task is part of your assigned duties; or Need something to protect yourself that you can t locate, such as a fresh pair of earplugs or a clean pair of work gloves. Report any work-related injuries, illnesses, or near misses to your supervisor. Don t try to decide for yourself whether an injury or illness is serious enough to require attention or whether it s reportable. Your supervisor should make that call. Near misses are an important tool for identifying and preventing hazards, so be sure to tell your supervisor about them. Be aware of specific hazards in your work area. Make sure you re familiar with: Any hazardous chemicals you may work with or near and how to protect yourself against contact with them. Any machinery you may work with or near and how to stay safe. Don t operate machinery you re not trained on, and don t perform servicing or maintenance that you re not trained and authorized to perform. Lockout/tagout markings and procedures. If a piece of equipment is locked or tagged out for service, don t attempt to operate it. You or a coworker could be hurt. Which PPE your job requires, how to use it safely, how to keep it clean and in good working order, and when to replace it. CONCLUSION Don t let your status as a temporary worker lead you into a situation in which you can do permanent harm to yourself or someone else. Understand your job duties and how to perform them safely. If you never attempt to do a job you re not trained and equipped to do, you ll be much more likely to stay safe. 18

21 employer responsibility OSHA chief updates safety professionals on agency initiatives: Temp workers, silica, and more Speaking to an audience of safety professionals at the Safety 2014, the annual conference of the American Society of Safety Engineers, in Orlando, Florida, OSHA chief Dr. David Michaels updated conference attendees on agency initiatives and issues of concern. Keep reading to learn what he had to say. Pointing to 2012 data from the Bureau of Labor Statistics (BLS) (the most recent year available), Michaels emphasized that although the workrelated fatality rate is the lowest it has ever been and continues to decline, certain industries are seeing a concerning trend in the opposite direction. Construction in particular has seen its fatality rates increase with the improving economy. In terms of construction, we remain very interested in this question of falls, Michaels said. From June 2-6, OSHA held a national safety stand-down to address falls in construction, which, according to Michaels, reached over a million workers and 25,000 employers. Falls remain the leading cause of death in the construction industry, responsible for 35 percent of fatalities in FOCUS ON TEMPORARY WORKERS Michaels also spoke about OSHA s temporary worker initiative, which is aimed at ensuring that temporary workers receive the same safety 19

22 employer responsibility and health protections as their noncontingent counterparts. Temporary workers typically experience injury and fatality rates higher than those of other workers and in some cases have been killed on their first day on the job due to inadequate training. One reason for the increased risk to temps, according to Michaels, stems from the fact that temporary workers are often new employees several times per year, and new employees are three to four times more likely to be injured or killed on the job than those with more experience. In addition, temps are often given the most hazardous job assignments, and host employers are often reluctant to devote adequate resources in the form of training, personal protective equipment (PPE), and other measures to protect temp workers from safety and health hazards. Michaels emphasized that employers have a responsibility to protect the safety and health of all workers, regardless of whether they re full-time, part-time, or temporary. Training on the hazards to which workers will be exposed and safe work practices for must be provided, and it must be in a language and vocabulary that workers can understand. SILICA PROPOSAL MOVING FORWARD Michaels also updated the audience on the status of OSHA s proposal to reduce the permissible exposure limit (PEL) for crystalline silica, originally issued in September Silica exposure and awareness of silicosis is nothing new, according to Michaels; in fact, NIOSH recommended lowering the PEL in the 1970s. However, the issue is becoming more urgent, said Michaels. We believe the exposures are getting worse because there is more power equipment used in construction, he noted. It s not complicated to reduce silica exposure, and it s not expensive. Simple methods, such as wetting down dustgenerating processes, can be very effective, and Michaels emphasized that the proposed rule allows employers the flexibility to determine the most appropriate methods for controlling silica exposures at their worksites. In response to a question from an audience member, Michaels stated that the proposed silica standard is progressing well, and he expects a final rule to be issued in INFECTIOUS DISEASE, I2P2, AND MORE Although OSHA s most recent regulatory agenda shifted the initiative on requiring injury and illness prevention plans (I2P2s) to the longterm action category, Michaels said employers are increasingly embracing I2P2s and similar safety and health management systems as a best practice. OSHA has been creating tools to help employers develop these systems, including a newly launched online video game called the OSHA Hazard Identification Training Tool, available at hazfinder. Another initiative moving forward, according to Michaels, is a potential infectious disease standard to protect workers from tuberculosis and other diseases that do not fall under the bloodborne pathogens regulation. Michaels said OSHA is planning to convene a panel under the Small Business Regulatory Enforcement Fairness Act (SBREFA) soon to assess the potential impact of an infectious disease rule on small businesses and address feasibility concerns. In response to an audience question asking advice for making the workplace safer, Michaels urged safety professionals to show employers that keeping workers safe is not a contradictory goal to maximizing profitability. Well managed companies are both more profitable and safer, he said. EXPERT SOURCE: David Michaels Assistant Secretary of Labor for Occupational Safety and Health David Michaels, PhD, MPH, became the 12th Assistant Secretary of Labor for Occupational Safety and Health in December, As the longest serving Assistant Secretary in OSHA s history, he has worked to strengthen the agency s enforcement in high hazard industries, promote common sense worker protection programs and standards, expand compliance assistance provided to small employers, improve OSHA s whistleblower protection program, and increase outreach to the vulnerable populations who are at greatest risk for work-related injury and illness. 20

23 employer responsibility 4 companies cited following temporary worker injury, fatality Two temporary workers hired to cut and weld pipes at a Mississippi protein products plant on July 28, 2014, had no idea and had no training to know that the storage tank beneath them contained explosive methane and hydrogen sulfide gases. One of the two men found out later as he lay in a hospital with a fractured skull, internal injuries and broken bones. The second, a 25-year-old man, died when the tank exploded. OSHA investigated the incident and has found four companies violated safety regulations that could have prevented the tragedy. A metal fabricator was contracted by the protein plant to manufacture and erect a wastewater storage tank that required modification of existing pipes. A staffing agency provided the metal fabricator with the employees needed at the facility. The fourth company, which provides industrial service and repair, was on-site the day of the explosion performing unrelated maintenance activities. The explosion shines a spotlight on how critical it is for employers to verify, isolate and remove fire and explosion hazards in employee work areas, said Eugene Stewart, OSHA s area director in Jackson. If the employer ensured a safe environment, this tragic incident could have been prevented. OSHA issued 13 citations to the protein plant, which produces omega-3 fish oil and specialty fish meal products, for willful, repeated, and serious safety violations. OSHA issued a willful citation for exposing employees to fire and explosion hazards due to the company management s failure to inform the metal fabricator that the storage tank contained wastewater that could generate hydrogen sulfide and methane gases, which can be highly explosive and toxic, even at low concentrations. The repeated violations involve not having standard railings on opensided floors and platforms and failing to label electrical boxes properly. The manufacturer was cited previously for these same violations in Additionally, the serious hazards included allowing workers to weld and cut piping on an improperly prepared storage tank containing explosive methane and hydrogen sulfide gases and failing to label or tag the storage tank to note that it contained hazardous chemicals. OSHA cited the metal fabricator for one willful, four serious and two other-than-serious violations. The willful violation was issued for failure to train workers on chemical hazards in the work area, such as hydrogen sulfide, methane, welding gas and paints. The staffing agency was issued a serious citation for this same hazard. Additionally, both employers were cited for a serious violation for failure to instruct employees about avoiding unsafe work conditions. The metal fabricator was also cited for failure to ensure employees working on top of a storage tank at heights of up to 29 feet were wearing fall protection and for not recording this fatality or two other recordable injuries. The fourth company was issued one serious citation for improperly storing oxygen and acetylene cylinders. Exposure to acetylene can cause headache, dizziness, asphyxiation and even frostbite. 21

24 employer responsibility Employer responsibility for contingent worker safety: Federal OSHA s stand An excerpt from Sorting Out Safety for Temporary, Contingent, and Contract Workers in California The federal Occupational Safety and Health Administration (OSHA) has enforcement policies in place regarding temporary workers. Injury and illness recordkeeping. OSHA s injury and illness recordkeeping standard (29 CFR ) says that the employer that supervises employees, temporary or permanent, on a daily basis is responsible for recording occupational injuries and illnesses to such employees it supervises. If a host or client employer hires employees from a temporary help service, employee leasing service, or personnel supply service, that host employer is obligated to record any recordable injuries and illnesses if it supervises these employees on a day-to-day basis. In cases when only the temporary staffing agency or leasing service exercises day-to-day supervision over employees, the temporary staffing agency or service is responsible for injury and illness recording. However, in cases where the temporary staffing agency and host employer share the supervisory role, OSHA advises that the two employers reach an agreement regarding the responsibilities in question. Only one employer s OSHA 300 log should contain a record of injuries and illness of the employees. OSHA does not permit employers to maintain separate 300 logs for two types of employees. Each injury or illness for an employee is recorded only once. OSHA considers the temporary agency/ leasing service and the host employer to be jointly responsible for the health and safety of temporary or leased employees. In a letter of interpretation, OSHA considered personnel providers that send their own employees to work at other facilities to be employers maintaining a continuing relationship with employees who may be exposed to hazards. Hazard control. The client or host employer creates and controls the hazards to which temporary workers may be exposed. The host employer has the primary responsibility for providing workplace health and safety protections, but the staffing or leasing agency has some responsibilities, too. OSHA determines which employer is responsible for which aspects of safety during inspections on a case-by-case basis. Whether persons exposed to hazards are employees of a particular employer, according to OSHA, depends on several factors, but the most important factor is who controls the manner in which employees perform their assigned work. Who pays these employees may not be the key factor. OSHA s new initiative to protect temporary workers. Following a rash of highly publicized deaths of temporary workers who were new on the job, OSHA created an initiative to protect temporary workers, which took effect on April 29, An OSHA memorandum instructed its regional administrators to direct their compliance safety and health officers (CSHOs) to: The client or host employer creates and controls the hazards to which temporary workers may be exposed. Determine during inspections whether any employees are temporary employees; Determine whether temporary workers are exposed to any violative conditions or workplace hazards; Use interviews and reviews of records to determine whether temporary employees received required training in a language and vocabulary they could understand; and Document the name of the temporary workers staffing agency, the agency s location, and the supervising structure under which the temporary workers are 22

25 employer responsibility reporting (the extent to which the host employer or the staffing agency supervises the temporary workers on a day-to-day basis). OSHA has also: Created a new code in its information tracking system to help it track temporary worker exposures; Reached out to the American Staffing Association and to employers that use temporary employees to promote safety-related best practices with respect to these workers; and Developed a topic page titled Protecting Temporary Workers, available at workers. In the fall of 2015, OSHA and the National Institute for Occupational Safety and Health (NIOSH) jointly published the guidance document, Protecting Temporary Workers, which details the best practices that they recommend. EHS Webinar Passport 1 YEAR OF UNLIMITED ACCESS TO OUR ENVIRONMENTAL AND SAFETY WEBINARS AT 95% OFF! Busy environmental and safety professionals can now take advantage of an all-access full-year pass to BLR s EHS webinars including must-attend CE credit-approved programs on job hazard analysis, workplace violence prevention, tier II reporting, OSHA and EPA compliance updates, and more! Value: Our webinars regularly retail for $127 dollars each, but Passport holders can access every webinar on our schedule (123 programs) for under $7 per program a $15,000 savings! Attend just 7 webinars over the course of the year and you ve made your money back! How the EHS Webinar Passport works: Review your fast-read weekly Passport update on webinars of interest Click on any webinar you want to join Enter your PIN Webinar topics may include: Active Assailants in the Workplace: 5 Ways to Protect Your Employees When Violence Strikes The Safety Impact of Prescription Drug Use and Abuse: Navigating Your Legal Obligations and Risks OSHA 300 Recordkeeping: Key Strategies for Avoiding Injury and Illness Recordkeeping Mistakes Safety Culture Shape-Up: Proven Tactics to Quantify and Boost Employee Engagement Critical Mobile Apps for Workplace Safety Inspections: Learn How to Master On-the-Go Technology Opportunities and Challenges And More! SUBSCRIBE TODAY AT STORE.BLR.COM/EHS-WEBINAR-PASSPORT! 23

26 employer responsibility Tips for keeping temporary employees safe In the wake of a recent cluster of fatalities involving temporary employees who had been on the job for only a few days, OSHA has launched an initiative to address safety for new temporary workers. OSHA s announcement of the initiative cited a U.S. Bureau of Labor Statistics report showing that fatal work injuries involving contractors accounted for 12 percent of work-related deaths in Temporary workers offer many advantages, enabling employers to identify promising workers before offering them permanent positions and alleviating short-term staffing shortages but they can also pose a significant safety risk. Here s how to make sure your temporary workers do you more good than harm: TRAIN THEM YOURSELF In many of the recent fatal accidents involving temporary workers, the workers received inadequate training. Some employers that are tempted to cut safety training eliminate safety training for temporary workers first, thinking they can simply pass the buck for safety training to the temporary agency. It s important, however, to conduct any site-specific training yourself. Make sure your training: Is provided in a language that workers can understand. Poorly understood instruction leads to injuries. Covers safe operating procedures for equipment, including location of emergency stops and when and how to implement lockout/tagout procedures. Covers hazardous chemical safety. Covers site-specific emergency procedures. If you hold daily or periodic safety meetings, make sure temporary workers participate in those, too. DOCUMENT THE TRAINING YOU PROVIDE Because training is such a common failure point, if a temporary worker is injured, the first thing inspectors or insurers will want to see is your training record. Include the date temporary workers were trained, a description of the training given and the topics covered, and the trainer s name. PROVIDE EMPLOYEES WITH PERSONAL PROTECTIVE EQUIPMENT Workers required to provide their own personal protective equipment (PPE) may bring inadequate gear or gear that is in poor condition. For example, workers who bring their own hard hats might bring hard hats that have suffered previous impacts, or are brittle from improper storage, and therefore not protective. Control the quality of the protection by providing it yourself, and make sure workers know how to properly use and maintain PPE. Temporary workers offer many advantages but they can also pose a significant safety risk. USE WARNING SIGNS AND LABELS A worker who is not closely familiar with the workplace may not remember all precautions and hazard warnings, so make safety warnings explicit and visible. Label emergency stops, post reminders about lockout/tagout and machine guarding, and be clear about prohibited behaviors, such as operating equipment without safety gear. 24

27 employer responsibility Both temporary agency, host employer cited and cleared in worker s heat illness In 2014, the California Legislature passed a law (Assembly Bill 1897) that made temporary agency employers and their client employers jointly liable for protecting temporary workers. The same year, in its Staffchex decision, the Cal/OSHA Appeals Board ruled that temporary agencies can no longer use the socalled dual employment doctrine defense to argue that they aren t liable for safety violations affecting leased employees. by TSI, Domingo Blancas, reported to his NDC supervisor that he was experiencing symptoms of heat illness. The supervisor sent Blancas to TSI s risk manager, Erica Lepe. Lepe noted that Blancas was not pale or sweating and was conscious, coherent, and able to answer all questions and walk without difficulty. As a result of these developments, temporary agency employers and their client employers can now be cited for safety violations involving temporary employees. That s what happened when Cal/OSHA inspected a warehouse in Chino, California, operated by National Distribution Centers (NDC) using workers hired by Tri-State Staffing (TSI). Both employers were cited after an employee complained of heat illness symptoms. Their cases present an instructive picture of how two employers can work together to ensure the safety of employees and avoid liability. A WORKER COMPLAINS At NDC s Chino warehouse on August 30, 2011, a temporary worker employed Despite Blancas s lack of obvious symptoms, Lepe allowed Blancas s son, who also worked for TSI, to take his father to a nearby clinic. The doctor at the clinic found no signs of heat illness. He reported to Lepe that the worker might be dehydrated and suggested sending him to the emergency room for additional testing, although Blancas s case was not a medical emergency. 25

28 employer responsibility Blancas clocked in as usual on August 31. Lepe saw him in her office and noted that he looked fine. He said he was feeling better and had not gone to the emergency room. Lepe turned away from him to call the clinic for a recommendation and make arrangements for Blancas to go to the emergency room; when she turned back, Blancas was gone. Moments later, a supervisor reported that Blancas s son had just been called out of work. Lepe correctly concluded that Blancas s son had left to drive him to the emergency room and did not follow up on the matter that day. Both NDC s safety director and Lepe identified indoor heat as a job hazard that could lead to serious injury or death. On September 1, 2011, Cal/OSHA began a serious accident-related inspection of the warehouse, citing NDC and TSI for a serious violation of General Industry Safety Orders (GISO) Section 3203, the injury and illness prevention program (IIPP) standard, for failing to respond to Blancas s heat illness. 2 EMPLOYERS UNDER SCRUTINY NDC and TSI contested the citations, arguing that the warehouse had an effective heat illness prevention program. The cases were heard together, and the Appeals Board weighed evidence on three questions: 1. Did TSI and NDC identify and evaluate the hazard of occupational indoor heat exposure and heat illness for employees exposed to the risk of heat illness? NDC s safety director and Lepe regularly inspected the site for their employers. They walked inside the warehouse, and both identified indoor heat as a job hazard that could lead to serious injury or death. Lepe testified that about 10 employees per hot season complained of heat illness. Because of the heat hazard, a heat illness prevention program was established at the site in The administrative law judge (ALJ) who heard the case determined that the requirement to identify and evaluate heat hazards had been met. 2. Did TSI and NDC establish and implement procedures for correcting the hazard of occupational indoor heat exposure and heat illness when TSI did not transport a TSI employee with possible symptoms of heat illness to the medical clinic or the emergency room? Specifically, the employers were accused of not contacting emergency medical services as needed and not having a designated person to ensure that emergency procedures were followed. But NDC and TSI provided documentation that Lepe was the designated person. When Blancas went to his NDC supervisor, he was referred immediately to Lepe, who was available in her office both on August 30 and 31. Clearly, the ALJ found, a designated person was available. The ALJ determined that the employer had not erred when it did not contact emergency medical services in this case. Blancas was evaluated and immediately sent to obtain care where the doctor confirmed that his case was not an emergency and Lepe followed up with him the next day. 3. Did TSI and NDC provide training to TSI employees on indoor heat exposure? Blancas said that he was never trained in heat illness prevention, but he signed a heat illness training attendance sheet on May 4, NDC supervisors gave frequent 5-minute heat stress refresher training to their crews, and Lepe provided formal heat illness training to all workers monthly, in English and Spanish. The ALJ found the employers had an effective training program. All of the citations, and $18,000 per employer in proposed penalties, were vacated. 26

29 checklists and assessments Host employer facility inspection checklist for staffing agencies Staffing agencies can use the following checklist to assess conditions at a host employer s facility prior to assigning temporary workers to the facility, determine the hazards that temporary workers will be exposed to, and evaluate the host employer s safety program. After completing this checklist, the host employer and staffing agency should collaborate to determine each party s respective responsibilities for temporary worker safety and training. This checklist is designed for general industry workplaces with limited application for construction sites. TEMPORARY WORKER ASSIGNMENTS Will temporary workers be involved in or exposed to any of the following activities and hazards? YES NO N/A Air contaminants above permissible exposure limits o o o Chemical hazards (handle, use, or work near) o o o Cleaning up chemical spills o o o Confined space entry o o o Driving for company business o o o Emergency response o o o Exposure to blood and bodily fluids (e.g., during first aid or cleanup operations) o o o Fighting incipient-stage fires o o o Flammable liquids o o o Handling or using hazardous materials (e.g., compressed gases, acetylene, o o o hydrogen, nitrous oxide, LPG, or ammonia) Hazardous noise (above 85 db) o o o Hazardous waste operations o o o Hot work (e.g., welding, cutting, brazing) o o o Lifting heavy objects/materials o o o Live electrical work o o o Lockout/tagout o o o Machinery service and/or maintenance o o o Operating forklifts o o o 27

30 checklists and assessments Host employer facility inspection checklist for staffing agencies continued Operating hand and portable power tools o o o Operating machinery o o o Operating or working near cranes o o o Operating processes with extremely hazardous chemicals o o o Painting and spraying o o o Performing first aid o o o Process safety management o o o Repetitive motion hazards o o o Shipping or transporting hazardous materials o o o Using ladders o o o Using personal protective equipment (PPE) o o o Working at heights above 4 ft. o o o Working in cold conditions o o o Working in hot conditions o o o Working outdoors o o o WRITTEN PROGRAMS AND POLICIES OSHA Job Safety and Health It s the Law! poster (or state equivalent) is posted o o o in a prominent location Company has an injury and illness prevention program o o o A safety manual is available to employees and regularly updated o o o Safety rules and policies are followed and enforced consistently o o o Company has a safety committee that meets regularly o o o Employees can submit safety suggestions and report hazards without fear of reprisal o o o Drug- and alcohol-free workplace policy in place and enforced o o o The company has a written program for each of the following OSHA-required topics if applicable to the facility: YES NO N/A Bloodborne pathogens o o o Confined spaces (permit-required) o o o Electrical safety o o o Emergency Action o o o Fall protection (construction) o o o 28

31 checklists and assessments Host employer facility inspection checklist for staffing agencies continued Fire prevention (when required) o o o Hazard communication (worker right-to-know) o o o HAZWOPER o o o Hearing conservation o o o Lockout/tagout (control of hazardous energy) o o o Portable fire extinguishers o o o Powered platforms o o o Process safety management for highly hazardous chemicals o o o Respiratory protection o o o Toxic and hazardous substances (e.g., lead, asbestos) o o o Trenching (construction) o o o RECORDKEEPING OSHA 300 Logs complete and up to date o o o OSHA Form 300A posted from Feb. 1 to Apr. 30 of each year o o o Job hazard analysis records available o o o Written PPE hazard assessment available o o o Training records available o o o Equipment inspection records available o o o Medical surveillance records kept as required o o o OSHA enforcement history available for review o o o Other required records maintained o o o INCIDENT RESPONSE AND INVESTIGATION Procedures in place to get necessary medical treatment for injured employees o o o Causes of near misses and incidents are investigated and corrective actions implemented o o o Return-to-work and/or light-duty programs available for injured employees o o o WORKERS COMPENSATION YES NO N/A Company is covered by workers compensation insurance o o o Company s EMR is at or below the industry average o o o Company has a written Injury and Illness Prevention Program o o o (if required by state workers compensation rules) 29

32 checklists and assessments Host employer facility inspection checklist for staffing agencies continued HOUSEKEEPING Floors free of clutter, debris, and other trip hazards o o o Floors free of grease, liquid, and other slip hazards o o o Aisles unobstructed and sufficiently wide o o o Stairways, aisles, and working areas sufficiently illuminated o o o Waste properly disposed and trash receptacles emptied regularly o o o Facility maintained in a clean and sanitary condition o o o EMERGENCY PREPAREDNESS & RESPONSE Exit routes clearly marked and unobstructed o o o Emergency lighting for exit routes adequate o o o No locked or barred exits restricting escape o o o Workers trained in escape procedures and evacuation routes o o o Fire extinguishers accessible and in good working condition o o o Emergency drills conducted periodically o o o FIRST AID & MEDICAL TREATMENT Emergency eyewash available if necessary o o o First-aid kits accessible and first aid trained employees on site o o o Workers trained on procedures for medical emergencies in the workplace o o o CHEMICAL SAFETY Safety data sheets available for all chemicals to which employees could be exposed o o o Written hazard communication plan available o o o Chemical inventory list is up to date and complete o o o Chemicals properly labeled o o o Chemicals stored, handled, and disposed safely o o o Workers are not exposed to air contaminants at levels above the permissible o o o exposure limit (PEL) ELECTRICAL SAFETY YES NO N/A Electrical control panels clearly identified and secured o o o No exposed live electrical parts or wiring o o o Fixed wiring and extension cords used properly o o o Wiring and extension cords in good condition and free of fraying, broken grounding pins, o o o and other hazards 30

33 checklists and assessments Host employer facility inspection checklist for staffing agencies continued YES NO N/A FALL PREVENTION Fall protection is provided for all fall hazards of 4 ft of more in general industry o o o and 6 ft or more in construction Floor openings and apertures enclosed, covered, or guarded o o o Fall hazards above dangerous equipment or substances are covered or guarded o o o Ladders are in good condition and used properly o o o Stairways have sturdy railings on all open sides o o o MACHINE SAFETY All necessary guards in place on machinery No bypassing or removing guards except by trained mechanics during service o o o or maintenance Lockout/tagout procedures in place for service and maintenance of machinery o o o START and STOP controls for all machines in easy reach of operator o o o All controls guarded against accidental startup o o o Machinery in good working condition o o o NOISE Employees exposed to noise levels above an 8-hour time-weighted average of 85 db o o o Employees exposed to hazardous noise provided with sufficient hearing protection Employees exposed to hazardous noise are provided with baseline and annual o o o audiometric testing ENVIRONMENTAL CONDITIONS Employees work in hot conditions o o o Employees working in hot conditions have access to water, rest, and shade o o o Employees work in cold conditions o o o Employees working in cold conditions have appropriate clothing and outerwear o o o Work areas are sufficiently ventilated o o o CONFINED SPACES Facility contains permit-required confined spaces o o o Only trained and authorized persons permitted to enter permit-required confined spaces o o o Confined spaces clearly marked with signage instructing unauthorized persons not to enter o o o 31

34 checklists and assessments Host employer facility inspection checklist for staffing agencies continued MATERIAL HANDLING Materials stacked and stored in a safe and stable manner o o o Employees use safe lifting practices o o o Lifting assistance devices (e.g., hand trucks) available o o o Loading docks free of hazards o o o FORKLIFTS Forklift operators are properly trained and certified o o o Forklifts are not modified without manufacturer permission o o o Forklifts used within rated load capacity o o o Vehicle and pedestrian aisles clearly defined and marked o o o Defective forklifts are removed from service until repaired o o o PERSONAL PROTECTIVE EQUIPMENT (PPE) Written hazard assessments conducted to determine necessary PPE for all workers o o o Workers provided with all necessary PPE o o o Workers wear all required PPE consistently o o o PPE is in good condition and properly stored and maintained o o o Fit-testing and medical evaluations performed for employees who wear respirators o o o VEHICLE SAFETY Company has a safe driving policy o o o Safe driving policy includes distracted driving prevention o o o Company vehicles are inspected regularly and in good working condition o o o ERGONOMICS Work stations do not place employees in awkward postures o o o Repetitive motion hazards are controlled through task rotation or other effective means o o o Company has a program to prevent musculoskeletal disorders (MSDs) among employees o o o TRAINING Workers are trained to identify hazards and follow safe work practices in the following subjects, if applicable to the job and/or facility: YES NO N/A General facility safety policies and procedures o o o Aerial lifts o o o 32

35 checklists and assessments Host employer facility inspection checklist for staffing agencies continued YES NO N/A Asbestos o o o Bloodborne pathogens o o o Cold stress o o o Confined spaces (permit-required) o o o Cranes, derricks, and slings o o o Electrical safety o o o Emergency planning o o o Fire extinguisher use o o o First aid o o o Forklifts o o o Hazard communication o o o HAZWOPER o o o Heat stress o o o Lockout/tagout o o o Machine safety o o o Noise exposure o o o PPE safe use, care, and storage o o o Powered platforms o o o Process safety management o o o Respiratory protection o o o Toxic and hazardous substances (lead, asbestos, etc.) o o o Welding, cutting, and brazing o o o Workplace violence o o o Training for temporary workers is identical or equivalent to that of employees o o o of the host employer Refresher training given as required by regulations, when procedures change, o o o when employee knowledge or use of procedures is inadequate, and as needed (e.g., after an incident) 33

36 checklists and assessments Temporary worker safety checklist for host employers YES NO BEFORE HIRING TEMPORARY WORKERS, DO YOU: Research the safety record of the staffing agency, including: Workers compensation experience modification rate (EMR) and/or days away from work, o o restriction or job transfer (DART) rate; OSHA inspection reports and violations; o o OSHA 300 Logs; and o o Recent incidents? o o Review the staffing agency s safety programs, policies, and plans, including: An injury and illness prevention program or similar plan (if one exists); o o Safety and health policies in the employee handbook; and o o Disciplinary policies for breaking safety rules? o o Ask the staffing agency what training they provide to workers? o o Verify the quality of the staffing agency s training by reviewing materials or attending o o a training session? Conduct a job hazard analysis to determine the hazards temporary workers will be exposed o o to and the type of protection, including PPE, they require? Agree in a contract on: The jobs and tasks temporary workers will perform; o o The necessary qualifications and/or experience of temporary workers selected o o to perform these tasks; The training that each party will provide and the language(s) in which it will be offered; o o Hazard controls that will be in place in the work environment; o o PPE that workers must use and who will provide and pay for it; o o Any hazardous tasks temporary workers will NOT perform, if applicable, such as confined o o space entry, working from heights, or live electrical work; and The procedures for reporting and recording work-related injuries and illnesses, coordinating o o medical care and treatment, and returning to work following an injury? 34

37 checklists and assessments Temporary worker safety checklist for host employers continued YES NO BEFORE TEMPORARY WORKERS BEGIN WORK AT YOUR FACILITY, DO YOU: Provide site-specific and job-specific training in a language and vocabulary temporary workers o o can understand? Inform temporary workers of: Site-wide safety policies; o o Their rights in the workplace; o o Procedures for reporting hazards they encounter; and o o What to do in case of injury or illness? o o Conduct initial (baseline) monitoring of workers if they will be exposed to a hazard or condition o o that requires medical monitoring, such as lead or noise? DURING TEMPORARY WORKERS EMPLOYMENT AT YOUR FACILITY, DO YOU: Offer the same level of safety training and protection from hazards to temporary workers o o that you provide to other workers? Provide workers with any PPE necessary to work safely (unless the staffing agency or workers o o themselves have provided it)? Assess the quality and condition of any PPE provided by the staffing agency or the workers o o themselves to ensure it provides adequate protection? Include temporary workers in any safety programs at your facility, such as safety meetings, o o toolbox talks, and scheduled training? Encourage temporary workers to report any hazards they encounter and to communicate o o safety concerns? Communicate with temporary workers periodically about their job performance and o o safety-related behavior? Record any work-related injuries or illnesses temporary workers experience on your OSHA 300 Log, o o unless the staffing agency provides an on-site supervisor who oversees the workers day-to-day operations? Inform the staffing agency if a temporary worker is injured or becomes ill on the job o o and coordinate medical treatment if necessary? Conduct medical surveillance and monitoring of temporary workersif they are exposed o o to a workplace condition that requires it, and share the results with them? Communicate with the staffing agency about safety issues, including: Any incidents that occur; o o Changes to job tasks or processes; and o o New hazards introduced into the workplace? o o 35

38 checklists and assessments Temporary worker safety checklist for staffing agencies YES NO BEFORE SENDING TEMPORARY WORKERS TO A WORKSITE, DO YOU: Research the safety record of the host employer, including: Workers compensation experience modification rate (EMR) and/or days away from work, o o restriction or job transfer (DART) rate; OSHA inspection reports and violations; o o OSHA 300 Logs; and o o Recent incidents? o o Review the other employer s safety programs, policies, and plans, including: An injury and illness prevention program or similar plan (if one exists); o o Emergency action and fire prevention plans; o o The hazard communication plan if workers are exposed to hazardous chemicals; o o Safety and health policies in the employee handbook; o o Disciplinary policies for breaking safety rules; and o o Any other written plans required for the facility? o o Confirm with the host employer the: Jobs your employees will perform; o o Hazards workers will be exposed to; o o Protective measures that will be taken; o o Skills required; and o o Employee training required prior to assignment or provided on-site? o o Visit the host employer s site and perform a basic safety assessment, including the following areas: Housekeeping. Is the facility clean, and are work areas free of obvious slip and fall hazards? o o Exit routes. Are they accessible and clearly marked? o o Machinery. Do tools and machinery seem to be in safe working condition? o o Are machine parts that could cause injury guarded if necessary? o o PPE. If PPE is required in the facility, are workers wearing it consistently, and is it o o in good condition? Ergonomics. Are there any obvious ergonomic hazards, such as frequent heavy lifting o o without lifting aids, repetitive motion, or awkward postures? 36

39 checklists and assessments Temporary worker safety checklist for staffing agencies continued YES NO Environmental conditions. Are work areas adequately lit? Is the workplace excessively noisy, o o poorly ventilated, too hot, or too cold? Emergency preparedness. Are there fire extinguishers and first aid kits in the facility? o o If not, is there a company plan for handling fires and medical emergencies? o o Match employee experience and qualifications to job demands, including previous training, o o relevant certifications, experience with machinery or equipment in use at the worksite, and experience in the industry of the host employer? Provide general safety training applicable to many workplaces on: Workers rights and responsibilities under the OSH Act; o o The basics of a safe and healthy workplace; o o Important safety standards such as hazard communication; and o o Any other applicable topics agreed to in the contract? o o Agree in a contract on: The jobs and tasks temporary workers will perform; o o The necessary qualifications and/or experience of temporary workers selected o o to perform these tasks; The training that each party will provide and the language(s) in which it will be offered; o o Hazard controls that will be in place in the work environment; o o The PPE that workers must use and who will provide and pay for it; o o Any hazardous tasks temporary workers will NOT perform, if applicable, such as o o confined space entry, working from heights, or live electrical work; and The procedures for reporting and recording work-related injuries and illnesses, coordinating o o medical care and treatment, and returning to work following an injury? WHILE TEMPORARY WORKERS ARE WORKING AT A HOST EMPLOYER SITE, DO YOU: Verify that the host employer has fulfilled its responsibilities for a safe workplace? o o Talk to your employees at the site and encourage them to raise safety concerns? o o Communicate with the host employer regarding your employees job performance, adherence o o to safety polices, and other relevant issues? Coordinate with the host employer following any work-related injuries or illnesses your employees o o experience to ensure that measures are taken to prevent future incidents? Maintain records of any medical surveillance the host employer conducts for hazards such as o o asbestos, lead, and noise, and make these records available to the employees they affect? 37

40 checklists and assessments OSHA temporary worker safety quiz 1 What should you know about any workplace where you work as a temporary employee? a. Safety policies b. Safe work practices c. Both a and b 2 If you have questions about hazards or safety procedures: a. Try to figure it out yourself. b. Ask a supervisor. c. Don t ask or you could lose the job. 3 Who is responsible for workplace safety? a. Workers, including temps b. Management c. Both a and b 4 How can you help ensure that you will be safe on the job? a. Identify hazards and follow instructions. b. Take short cuts and skip steps. c. Don t use PPE. 5 If you use equipment when working as a temp: a. Operate equipment only if trained and authorized. b. Inspect equipment before use. c. Both a and b 7 Which statement about workplace conditions is most accurate? a. Conditions remain the same throughout the workday. b. Conditions may change during the workday creating new or different hazards. c. Workplace conditions have no effect on your safety. 8 If you encounter a problem or something doesn t seem right, what should you do? a. Ignore it. b. Ask a supervisor. c. Refuse to perform the job. 9 What do you need to know to be prepared for an emergency in a workplace where you work as a temporary employee? a. Emergency procedures b. Evacuation routes c. Both a and b 10 What should you do if you have a near miss or accident while working as a temp? a. Keep it to yourself. b. Report it to OSHA. c. Report it to a supervisor. 6 If a piece of equipment you are using isn t working properly, what should you do? a. Try to fix it yourself. b. Keep using it anyway. c. Stop using it and report the problem. 1. c, 2. b, 3. c, 4. a, 5. c, 6. c, 7. b, 8. b, 9. c, 10. c 38

41 checklists and assessments Temporary worker safety quiz Please choose the correct answers for the following: TRUE FALSE 1 Temporary worker safety is the responsibility of the staffing agency only. o o 2 Temporary workers have the same rights under the OSH Act as all other covered workers. o o 3 Injuries and illnesses that temporary workers experience will always be recorded o o on the staffing agency s OSHA 300 Log. 4 Host employers and staffing agencies should work together to determine how to divide o o safety responsibilities for temporary workers. 5 If the host employer does not meet its safety obligations and a temporary worker is injured o o as a result, the staffing agency cannot be held responsible. 6 All safety training should be provided by the staffing agency. o o 7 Temporary workers are injured at a higher rate than other workers. o o 8 Host employers must ensure that temporary workers are properly trained for the job tasks o o they are required to perform. 9 Unlike other workers, temporary workers can be required to pay for their own PPE. o o 10 It is a good idea for staffing agencies to visit a host employer s facility before sending temporary o o workers to work there. 1. False. Temporary worker safety is a joint responsibility of host employers and staffing agencies. 2. True. The OSH act provides all workers it covers including temporary workers with the right to a safe and healthy workplace. 3. False. The employer that provides day-to-day supervision must record work-related injuries and illnesses on its OSHA 300 Log. Usually, this is the host employer. 4. True. This can be done through a contract that specifies which employer will assume primary responsibility for each relevant aspect of temporary worker safety. 5. False. Because temporary worker safety is a joint responsibility, OSHA can cite both employers. 6. False. Often, the staffing agency can provide general safety and health training applicable to many workplaces. Usually, the host employer is best suited to provide site-specific and job-specific training. 7. True. This is due to a number of factors, including being new to the job and unfamiliar with the worksite more frequently than regular employees. 8. True. If the staffing agency provides safety training, the host employer should assess its quality. 9. False. With a very few specific exceptions, PPE must be provided and paid for by the employer. Staffing agencies and host employers can determine which employer will provide PPE, but they cannot require temporary workers to pay for it. 10. True. A basic site safety assessment will help staffing agencies to ensure that they are sending workers into a safe working environment. 39

42 bonus webinar ON-DEMAND WEBINAR Temporary worker safety 101: Critical strategies for meeting OSHA compliance obligations Since launching the Temporary Worker Initiative (TWI) in 2013, OSHA has been increasing enforcement efforts to prevent work-related injuries and illnesses among temporary workers, one of the fastest growing employment sectors. If your company is using temporary employees, it s critical that you fine-tune your temporary employee safety program in order to protect workers and avoid substantial fines if you are found liable in an incident. OSHA reiterates that both the host employer and the hiring/staffing agency are responsible for the safety of temporary workers, and therefore has identified key areas that should be thoroughly addressed prior to placement including training, hazard recognition, clear documentation of roles and responsibilities, and compliant illness and injury tracking. Use this on-demand webinar when our presenter, a seasoned safety and employment attorney, will teach you how to determine when you have retained temporary workers covered under OSHA s initiative, what your requirements are under OSHA regulations and other applicable statutes and regulations, and how to develop and implement a compliant program that protects both temporary workers and your company. Make sure that your temporary employee safety program is compliant before it s too late. You ll learn how to: Assess the definition of temporary workers as it applies to your organization Determine how to best agree upon safety responsibilities and obligations for temporary workers with the staffing agency or hiring agency Consider the potential risks and hazards that must be addressed for the temporary workers that you retain Understand the OSHA Temporary Worker Initiative as it applies to your organization and the questions that OSHA will ask during an inspection Understand what OSHA regulations apply to the temporary workers, to ensure compliance with those regulations Determine the correct way to document injuries and illnesses for temporary workers as part of your injury and illness recordkeeping program Establish a comprehensive training program for temporary workers that YOUR PRESENTER: Nickole Winnett Jackson Lewis P.C. Shareholder, Washington, D.C. Nickole Winnett is a member of the Workplace Safety and Health practice group. She is co-author of Jackson Lewis OSHA Law Blog and is an avid speaker and writer on safety and health matters. Ms. Winnett routinely advises clients regarding compliance with workplace safety and health standards and their responsibilities to temporary workers. Ms. Winnett also represents employers during OSHA investigations and litigation arising under the Occupational Safety and Health Act as well as numerous whistleblower provisions administered by OSHA. is aligned and consistent with the training program that is in place for permanent workers Discuss the necessary contractual provisions to ensure that all responsibilities and obligations with the hiring/staffing agency are clearly defined, understood and addressed Product Code: YS6184 DOWNLOAD YOUR ON-DEMAND PROGRAM HERE: 40

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