Temporary workers are common in today’s businesses. In fact, according to the Bureau of Labor Statistics, temporary help employment was up 8 percent year over year in August. Whether you’re running a call center, a retail establishment, a medical center, a manufacturing plant or a construction site, it’s quite possible you’ve supplemented your staff in the past with temporary workers hired through a staffing agency or firm. However, have you been following the Occupational Safety and Health Administration (OSHA) rules for recording temporary worker injuries and illnesses?
In a temp worker and staffing agency situation, many employers are confused about how to determine who is responsible for satisfying particular OSHA requirements. While both—the staffing agency and the host employer—are responsible for complying with laws related to workplace safety, any injuries and illnesses only need to be recorded on one party’s log. Supervision is generally the determining factor.
The employer who supervises the temporary workers on a day-to-day basis is responsible for recording any work-related illnesses or injuries they incur. According to 29 CFR 1904.31(a), day-to-day supervision means the employer “supervises the details, means, methods and processes by which the work is to be accomplished” in addition to “specifying the output, product or result to be accomplished by the person’s work.” This is the case at most businesses that employ temporary workers—so most host employers are the party responsible for maintaining illness and injury records.
In some cases, a staffing agency may have a representative present at the host employer’s workplace. However, the presence of this agent does not usually transfer the record-keeping responsibilities away from the host employer. As long as the host employer continues to provide day-to-day supervision of the temporary worker, he is responsible for recording any work-related injuries and illnesses.
It’s important that the staffing agency and host employer coordinate their methods for the reporting of work-related illnesses and injuries and communicate those instructions to the temporary workers. Should a temporary worker be involved in a workplace accident, the host employer should inform the staffing agency. If the staffing agency learns of an illness or injury, they should confirm that the host employer is aware of it. Any contract you form with a staffing agency should contain language clearly establishing these notification procedures.
To learn more about your responsibilities when employing temporary workers through a staffing agency, visit the OSHA website. For additional assistance understanding reporting rules or workplace safety regulations, contact your workplace safety advisor.
