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OSHA Enforcement Initiative for Staffing Agencies
A targeted enforcement initiative is underway by the Occupational Safety & Health Administration (OSHA).
Earlier this year, OSHA announced plans to further protect temporary employees from workplace hazards.
This initiative is in response to a series of fatalities to temporary workers often during the first days on a job.
Investigations revealed that employers failed to provide safety training or, if training was given, it inadequately
addressed the hazard, and contributed to their death. In one case cited by OSHA, a temporary worker was
hired to work in a manufacturing facility to run a machine. When he was asked if he knew how to run the machine, he replied that he did; however, it was later found that he was in fact afraid to admit that he did not
know how to run the machine and thought that he would be let go. Thirty minutes later his arm was severed
and it was not able to be reattached.
OSHA inspectors will assess compliance to the regulations via records review and interviews, verifying that
workers have received required training in a language and vocabulary they understand. Recent inspections
found that temporary workers have not been trained and were not protected from serious workplace hazards.
In an October, 2013 news release, following an investigation of a heat illness related fatality, OSHA levied
$7,000 in fines against the host employer and staffing agency. Investigation resulted in citing violations under
OSHA’s general duty clause for failing to adopt procedures to protect workers while working outside during
extreme temperature conditions.
Research shows that temporary workers are at greater risk of workplace injury and illness than non-temps.
The two leading factors are:
1) Lack of job information and safety training for temps increasingly employed in dangerous occupations.
2) Employer financial and performance incentives around workers' compensation and other benefits.
OSHA considers both staffing agencies and host employers jointly responsible for maintaining a safe work
environment for temporary workers. “Temporary staffing agencies and host employers share control over the
employee, and are therefore jointly responsible for the temporary employee's safety and health."
For the purposes of OSHA's initiative, "temporary workers" are those supplied to a host employer and paid by
a staffing agency and include contingent workers, independent contractors, on-call workers, temporary help
agency workers, and workers provided by contract firms.
In addition, OSHA is working with the American Staffing Association (ASA) and employers that use staffing
agencies, to promote best practices ensuring that temporary workers are protected from job hazards. The
ASA hosted a webinar in July of this year inviting OSHA to highlight employee rights, employer responsibilities, and important safety and health information for ASA members, along with identifying best practices for
staffing agencies and client employers. ASA has shared with us the recording of the July 18, 2013 ASAPro
webinar and access to program handouts:
 Playing It Safe—Workplace Safety Obligations of Staffing Firms and Their Clients
 American Staffing Program handouts
A few best practices suggested by OSHA include:
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Employer Responsibilities to Protect Temporary Workers need to be clearly defined:
The temporary staffing agency and the host employer need to define their respective responsibilities to ensure that each employer complies with all relevant regulatory requirements and obligations.
Joint Responsibility
Staffing agencies and host employers are jointly responsible for maintaining a safe work environment for temporary workers. OSHA is concerned that:
Employers may use temporary workers to avoid meeting all their compliance obligations
Temporary workers get placed in a variety of jobs, including the most hazardous jobs
Temporary workers are more vulnerable to workplace safety and health hazards
Temporary workers are not given adequate safety and health training
Therefore, it is essential that both employers comply with all relevant OSHA requirements.
Both Host Employers and Staffing Agencies Have Roles
Each employer should consider the workplace hazards in their position to prevent, correct, and comply with
OSHA standards. For example: staffing agencies might provide general safety and health training, and host
employers provide specific training tailored to the particular workplace equipment/hazards.
The Key is Communication
Staffing agencies must ensure that they are sending workers to a safe workplace. They should determine
what conditions exist at their client (host) agencies, what hazards may be encountered, and how best to ensure protection for the temporary workers. The staffing agency must verify that the host has fulfilled its responsibilities for a safe workplace.
For further information, please visit the OSHA website.
Everest Loss Control offers services to help you in your loss prevention efforts. If you would like more information about these services, www.everestregroup.com.
CONTACT US:
Loss Control Department
Phone: 908-604-3000
Fax: 908-604-3526
E-mail: [email protected]
Loss Control is a daily responsibility of your individual management. This publication is not a substitute for your own loss control program. The information that is
provided in this Alert should not be considered as all encompassing, or suitable for all situations, conditions, or environments. Each organization is responsible
for implementing their safety/injury/illness prevention program and should consult with legal, medical, technical, or other advisors as to the suitability of using
the information contained in this Alert. The information contained in this publication is intended for general informational purposes only and is not intended to
constitute legal advice or opinions. You should contact an attorney if you need legal advice and/or you have any questions concerning your obligations under any
law, statute and/or code identified in this publication.
November 2013