Hiring temporary construction workers through a staffing agency does not exempt employers from the liabilities associated with workplace accidents. Here we describe best practices in navigating this process—and the importance of defining the safety responsibilities of both the staffing agency and the host employer.
The benefits of hiring temporary workers have long appealed to construction companies that need to supplement their workforce on a project-by-project basis. While hiring these workers does alleviate some of the administrative costs of management, those bottom-line benefits do not exclude companies from safety training and liabilities.
OSHA underscores this point in a fact sheet entitled, Employer Responsibilities to Protect Temporary Workers, “OSHA could hold both the host and the temporary employers responsible for the violative condition(s) – and that can include lack of adequate training regarding workplace hazards. Temporary staffing agencies and host employers share control over the worker, and are therefore jointly responsible for temporary workers’ safety and health.”
In fact, temporary workers may be more vulnerable to workplace safety hazards than workers in traditional employment because of the lack of training and preparation associated with short-term assignments.
A contract that outlines the regulatory requirements and safety measures of each project should be made available to the temporary agency and all workers. Above all, neither the temporary agency nor the construction company should assume that either party is solely responsible for safety and training – or liability, should any injuries occur.
For maximum protection against worker injury and liability, employers should take extra steps to ensure temporary employees are trained just as permanent employees would be for any given project.
Additional Best Practices include:
- The staffing agency should provide a document to the host employer that specifies each temporary worker’s specific training and competencies related to the tasks to be performed. The agency-host contract should clearly state which employer is responsible for specific safety and health duties.
- Staffing agencies, particularly those without dedicated safety and health professionals on staff, should consider utilizing a third-party safety and health consultant.
- The supervising employer is required to set up a method for employees to report work-related injuries and illnesses promptly and must inform each employee how to report work-related injuries and illnesses. However, both the staffing agency and the employer should inform the temporary employee of this process and how to report a work-related agency.
An additional benefit of creating a safety program that easily accommodates temporary workers is the likelihood that staffing agencies will more readily work with your company. A third-party safety consultant is an excellent way to get started on this process. With a robust safety program in place, including clear documentation of worker responsibilities, the benefits of hiring temporary workers will remain strong.
The Recommended Practices publication http://www.osha.gov/Publications/OSHA3735.pdf is available online. Additional information and resources on temporary workers can be accessed at https://www.osha.gov/temp_workers/.
