It’s important for companies utilizing temporary workers to remember that OSHA can and will inspect their operations, even those with the most robust safety and health programs. OSHA has the authority to initiate an inspection of a manufacturing facility or construction project site for any number of reasons that fall under two main categories – unprogrammed and programmed. Unprogrammed inspections occur in response to reported situations involving imminent danger accidents, or employee complaints. Programmed inspections occur because a facility falls under a National Emphasis Program, a Regional Emphasis Program, or a Local Emphasis Program. As the percentage of temporary workers in the manufacturing sector continues to trend upward – in the range of 8 to 10 percent according to the U.S. Department of Commerce – so too has the level of scrutiny applied to companies using temporary employees. Having a thorough understanding of OSHA’s methods and motivations will help host employers and staffing agencies remain compliant and avoid costly citations.

Companies can take a number of proactive steps to ensure that compliance issues do not arise from their use of temporary workers, beginning with documenting the specific responsibilities of both host employers and staffing agencies as they relate to OSHA compliance. Companies must be cautious, however, in relying solely on the staffing agency to fulfill compliance obligations. Even where certain responsibilities are unambiguously assigned to the staffing agency, such as training or providing personal protective equipment, OSHA may still cite the host employer for the staffing agency’s failures. Companies should hire or develop a separate audit system to ensure that staffing agencies are fulfilling their contractual obligations as they relate to safety and health of temporary employees.

Although OSHA’s primary inquiry during an inspection will be determining which employer is responsible for the day-to-day supervision of temporary employees, OSHA still considers staffing agencies that are not responsible for the day-to-day supervision to have “a duty to diligently inquire and determine what, if any, safety and health hazards are present at their client's workplaces.”

For example, OSHA says if a staffing agency is supplying workers who will be using potentially hazardous equipment, the agency should take reasonable steps to identify any hazards present, to ensure that workers will receive the required training and protective equipment, and then later verify that the protections are in place.

Accordingly, OSHA has clarified that inspections of staffing agencies will occur even without on-site management and supervision.

“The decision to open an inspection with the staffing agency is not dependent upon whether or not a staffing agency management representative is on-site,” according to an OSHA memo. “If a temporary worker is or could be exposed to a serious hazard or if the staffing agency does not appear to have taken any actions to learn of the conditions at the host’s worksite, then the CSHO should initiate an inspection with the staffing agency.”

Staffing agencies should have in place procedures and processes, including facility inspections, to ensure that host employers are providing safe and healthful workplaces. Staffing agencies should also have inspection management procedures in place to ensure that CSHOs develop an accurate inspection record of the role of on-site supervisors. Working with the host employer will help prevent unfounded citations based on a misunderstanding of the scope of the staffing agency’s duties and authority over the facility operations.

The use of temporary workers is often an essential way for companies to manage production ebbs and flows. By working together, host employers and staffing agencies can properly manage the safety and health programs applicable to temporary workers. Look for columns on each of OSHA’s nine temporary worker initiative bulletins in the coming months.

Submitted By:

Richard L. Barcum, CIH, CSP, CHMM        
President
Cardinal Compliance Consultants, LLC
5353 Secor Road | Toledo, OH  43623 | www.cardinalhs.net
Phone: (419) 882-9224 | Fax: (419) 882-9226