AOHP 2015 National Conference

Topic Overview: OSHA recently announced an initiative to protect temporary employees from workplace hazards. OSHA has become increasingly concerned that some employers may be using temporary workers to duck their compliance obligations. Knowing that a worker is – or is not – an employee can be tricky. The federal courts use an “economic realities” test to determine whether an individual is an employee or a temporary employee. Depending on the state in which a hospital is located, state courts may use a similar test or a “right-to-control” test to determine whether an individual is an employee or a temporary employee under the applicable state labor (OSHA,) wage and hour laws. OSHA is directing field inspectors to assess whether employers who use temporary workers are complying with their responsibilities. Inspectors will evaluate whether temporary workers are exposed to safety and health violations, and they will assess whether temporary workers received required training in a language and vocabulary they could understand. To assist employers in addressing the temporary worker issue, on August 25, 2014, OSHA and NIOSH released recommended practices for staffing agencies and host employers to better protect temporary workers from hazards on the job.  Proper recordkeeping and reporting is also critical so responsibilities can be clearly defined. The guidance clarifies that illness and injury recordkeeping for temporary employees should be accounted for on only one employer’s 300 log. 

According to Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, "Host employers need to treat temporary workers as they treat existing employees. Temporary staffing agencies and host employers share control over the employee and are therefore jointly responsible for the temp employee's safety and health. It is essential that both employers comply with all relevant OSHA requirements."

Objectives:

1. Explain OSHA’s new emphasis on the safety of temporary workers and what hospitals should do to evaluate relationships with staffing agencies.
2. Describe methodologies to jointly review all worksites to which temporary workers might be sent, task assignments and job hazard analyses to identify and eliminate potential safety and health hazards and identify necessary training and protections for each worker.
3. Review the basics of recordkeeping in multi-employer settings and how to determine if an injury/illness is reportable.