Audit, Compliance and Risk Blog

OSHA Moves to Protect Safety of Temporary and Non-Union Workers

Posted by STP Editorial Team on Tue, May 28, 2013

http://www.stpub.com/osha-compliance-a-simplified-national-guide-onlineIn an effort to widen the safety net for all workers OSHA has recently issued several policy documents affecting both temporary workers and those employed at worksites not subject to collective bargaining agreements. To this end, effective April 29, 2013, OSHA compliance  policy instructs inspectors to determine whether temporary workers are present in a workplace, and to evaluate whether those workers are exposed to workplace hazards without adequate training and/or equipment. (OSHA, 29 CFR 1903.8, 1903.11, Interpretation (2/21/13))

Similarly, a recent OSHA statement clarifies that a single employee may have more than one employer.  For example, a temporary agency and the host employer share employers’ responsibilities for “temp” employees, and OSHA holds both responsible for ensuring that each such employee receives adequate worker protection and information. (OSHA, 29 CFR 1904.31 and 1910.1200, Interpretation (11/21/12); OSHA, Memorandum for Regional Administrators (Protecting the Safety of Temporary Workers) (4/29/13))

I&I Record Keeping for ‘Temps’

OSHA’s Injury and Illness Standard has long required most employers to maintain records of work-related I&I. Such records apply to each “establishment,” or specific employment location.  However, the lines between and among employees, temporary workers (provided by temporary employment agencies, for example), and independent contractors may not be clear.  The employer is responsible for determining which personnel to consider “employees” for purposes of this Standard.  For example, a temporary agency and the host employer share employers’ responsibilities for “temp” employees, and OSHA holds both responsible for ensuring that any occupational I&I is recorded once and only once, in the more appropriate employer’s log. (OSHA, 29 CFR 1904.31, Interpretation (11/21/12))

Upping Worker Representation and Safety Training

Widening the safety net for all types of workers, OSHA policy now allows employees at worksites that are not subject to a collective bargaining agreement to select a union representative or person affiliated with a community organization as their “representative” to accompany an inspector, and allows individual inspectors to determine whether such representation is appropriate to the worksite. (OSHA, Memorandum for Regional Administrators (Protecting the Safety of Temporary Workers) (4/29/13) And finally, in a policy that reflects ‘real life’ safety concerns, OSHA requires hands-on training in first aid and CPR, clearly stating that it does not consider purely online training adequate to worker safety. (OSHA, 29 CFR 1910.146(k)(l)(2), Interpretation (8/2/12))

STP has recently issued an update to OSHA Compliance: A Simplified National Guide and also publishes the following guides: