OSHA and NIOSH Issue Recommendations on Protecting Temporary Workers

Author: Ashley Shaw, XpertHR Legal Editor

September 3, 2014

As part of a Temporary Worker Initiative launched in April 2013, the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) have released "Recommended Practices for Protecting Temporary Workers." The recommendations are the result of numerous preventable injuries and fatalities suffered by temporary workers, especially in cases where the workers did not receive the same safety-based training as permanent employees.

The release is based on an earlier memorandum to OSHA's Regional Administrators regarding OSHA inspections of workplaces that use temporary workers. These inspections revealed that temporary workers often fall into a gray area as far as workplace safety training goes, because they are generally employed by a staffing agency while simultaneously working at another employer's workplace. This situation results in a lack of clarity regarding which party is responsible for the safety and health components of the jobs the workers perform.

OSHA has emphasized to employers that safety and health should be a priority for all employees, regardless of the nature or duration of any given job. Which party is responsible for ensuring this safety depends in large part on the individual workplace. OSHA therefore states that the division of safety and health should be agreed upon by, and included in a contract between, the various parties involved.

The following are the recommendations OSHA and NIOSH have set out for employers regarding the protection of temporary workers:

  • The staffing agency should evaluate the host workplace before entering into a contract.
  • The host employer should train agency representatives to recognize safety and health hazards.
  • All involved employers should ensure that one employer has met or exceeded the same safety and health standards as the other employer (i.e., the staffing agency should ensure that the temporary employer meets the staffing agency's standards and vice versa.)
  • All involved employers should assign the safety and health responsibilities the staffing agency and temporary employer will each have and define the scope of the work in the contract.
  • All involved employers should have a system to track and report injuries and illnesses of the temporary workers. This system should include identifying who is responsible for the daily supervision of the employee, including who is responsible for maintaining OSHA-required injury and illness records, and how the various employers will communicate any injuries and illnesses.
  • All involved employers should work together to ensure all proper safety training and new project orientation has been completed.
  • All involved employers should have an injury and illness prevention plan.
  • The staffing agency should maintain contact with its workers.

More detailed information about the recommendations can be found in the OSHA/NIOSH report.