GRAINGER.COM® | 1.800.GRAINGER

PERMANENT SAFETY SOLUTIONS FOR TEMPORARY WORKERS

T he use of temporary workers has

increased to the point where the

temporary industry is becoming one

of the largest growth industries in the United

States. No doubt there have been growing

pains to go along with the boom, and one

of the main areas of concern is the safety

of the temporary worker. For a variety of

reasons, the temporary worker has suffered

the consequences of a lack of safety focus

by either the host employer or the temporary

agency—or both.

So whose responsibility is it to protect

temporary workers? Is it the host

employer or the temporary agency?

Technically they are employees of only

one, either the host employer or temporary

agency, yet they perform duties for both

parties. Based on guidance from OSHA’s

Temporary Worker Initiative, this paper

explores the answers to these questions

and provides solutions and recommended

practices to avoid confusion.

It is important to note the distinction

between independent contractors and

temporary employees. Independent

contractors are given a job and it is

completed without direct supervision from

the host employer. Temporary workers

require day-to-day supervision from the host

employer to complete a task.

Temporary Workers Making HeadlinesWhen scanning your local newspaper, all too

often you’ll encounter the tragic headlines

that document the serious injuries or deaths

of temporary workers . . . “OSHA Finds

Welders Unaware of Toxic, Explosive Fumes

When Blast Kills Temporary Worker, Critically

Injures Another” or “30-Year-Old Temporary

Worker Needs Surgery After Her Hand

Catches in Packaging Machine.”

The injured employee may have been

an experienced temporary agency

employee but had just started working at

a new company. It’s not uncommon for

1

30-Year-Old Temporary Worker Needs Surgery After Her Hand Catches in Packaging Machine OSHA Finds Welders Unaware

of Toxic, Explosive Fumes When

Blast Kills Temporary Worker

WHITE PAPER

GRAINGER.COM® | 1.800.GRAINGER

experienced temporary workers to become

a new worker several times a year. It’s an

all too familiar story, someone who is new

to the worksite that is eager to please their

new supervisor, hoping to catch a break and

land that elusive full-time job with decent

benefits. They are assigned to perform a

task that is one of the least desirable at

the facility, with possibly little or no formal

training on how to perform the task safely.

Unlike the person’s job title of “temporary

worker,” the consequences can be

permanent—a severe injury or even worse,

they won’t be coming home at the end of

their shift. A day that started with promise

ends in tragedy for the injured temporary

employee and their family.

Fast Growing IndustryThe temporary service industry has seen

steady growth since the

Great Recession, with

industry employment

estimates hovering over

the three million mark

for the first quarter

of 2015, according

to the American Staffing

Association’s survey results.

Many of those three

million employees are in

the manufacturing, agriculture,

warehousing and construction industries.

There are many contributing factors to the

increasing trend of employers opting to

utilize temporary workers at their facilities.

Some of the reasons companies employ

temporary help are sudden or seasonal

demands, one-time projects, flexibility and/

or lower hiring expenses. It is also a method

for employers to recruit workers to see if

they would be a good fit for their company.

In some respects, it is a way of extending

the probationary period or to use an old

analogy of being able to “kick the tires”

without the hassles of letting someone

go because of unsatisfactory work. With

temporary agencies, it’s as simple as making

a phone call to let someone go.

Types of Temporary WorkersThere are several types of temporary

workers. From the traditional employee

who is hired from a temporary agency, a

construction worker hired through a union

hall, a migrant worker in farming or day

laborers hired in the construction field that

congregate in parking lots of big box home

improvement stores.

The Bureau of Labor Statistics (BLS) defines

a temporary worker as one who is paid by

a temporary help agency, whether or not

their job is temporary. But there’s more to a

temporary worker than the BLS’s

definition. According to the 2013

report by the Center for Progressive

Reform, “At the Company’s Mercy:

Protecting Contingent Workers

from Unsafe Conditions,” our

country’s racial minorities

make up a disproportionate

percent of temporary workers.

The report also finds that

temporary workers have less

formal education than their

non-temporary counterparts, with

English being a second language for many.

According to BLS injury data for 2013,

Temporary Help Services (North American

Industry Classification System (NAICS) code

561320) experienced a total recordable

case incident rate of 2.5 cases per 100

full-time employees. So is there really a

safety problem for temporary workers if the

incident rate is below the national average

of 3.3? The Occupational Safety and Health

Administration (OSHA) requires the direct

2

NO POSITIONS AVAILABLE

HELP WANTED

The temporary service industry has industry employment estimates hovering over the three million mark for the first quarter of 2015.- American Staffing

Association

GRAINGER.COM® | 1.800.GRAINGER

supervising location to record the injuries

and illnesses on their 300 log. In most cases

the temporary agency is not required to

record the temporary employee’s injury on

their own 300 log because of the reporting

requirements. That is why just looking at

BLS data does not give a true indication of

the complexity of the safety problem for the

temporary help service industry.

Blame GameToo often in the past when a temporary

worker was injured on the job there was a

lot of shifting of blame regarding who was

responsible for the injury. The host employer

felt that the temporary employee did not

belong to them so the injured employee

was not their problem. Contrary to that

opinion, the temporary agency reasoned

that they only supplied the employee to their

client and the injury occurred while the host

employer was directly supervising them—

so of course it was the host employer’s

problem. This type of thinking can and

has caused confusion on the injured

employee’s part.

The temporary agency and the host

employer are considered co-employers of

temporary workers and, therefore, both

are required to provide a safe and healthy

workplace free from recognized hazards.

Neither party can contractually dismiss their

responsibility for the safety of the temporary

worker. Temporary workers are afforded

the same protections under the OSH Act

as their counterparts in the workplace,

and it’s both the host employer and the

temporary agency’s responsibility. The safety

and health responsibilities will sometimes

overlap. This unique employment structure

demands effective communication between

both parties. For both the host employer

and temporary agency, the most important

thing to remember is to correct and control

the aspects of the temporary worker’s safety

that they are in position to influence.

Temporary Agency ResponsibilitiesOne of the most important responsibilities

the temporary agency has toward the

temporary worker’s safety is to not send

them into a facility that they know is

unsafe. Not every temporary agency has

the resources to have an on-site safety

professional evaluate a potential client’s

facility for safety hazards. Some basic

hazard recognition training of staff personnel

can help better equip them with the tools to

identify hazards and minimize the exposure

to their agency employees. One way to

improve hazard recognition skills of agency

staff is by sending them through an OSHA

30-hour training class. Other resources

that could be leveraged are the use of

safety professionals such as outside safety

consultants, OSHA consultants or utilizing

the client’s workers’ compensation carrier to

provide safety audit services.

Regarding required medical surveillance or

evaluations, all records of this nature must

be maintained by the temporary agency. The

agency must maintain cumulative exposure

data (i.e., lead exposure or noise exposure

data) when the employee works for several

different companies during the year.

A key component for a good working

relationship between the two parties involved

is having a clear understanding of the scope

of work to be performed by the temporary

workers. Specifying safety and health duties,

identifying tasks that require personal

protective equipment (PPE) and who will be

supplying it, and defining who will be the

temporary employee’s point of contact at the

temporary agency for questions are all keys

to a sound safety relationship.

3

The most important thing to remember is to correct and control the aspects of the temporary worker’s safety.

GRAINGER.COM® | 1.800.GRAINGER

Host Employers ResponsibilitiesHost employers have an underlying

obligation to treat temporary workers as they

would their own. This can be accomplished

by providing sufficient safety training to

the temporary workers before they set foot

on the facility. The temporary agency can

provide general safety awareness training

and information on how to report work-

related injuries. The host employer will need

to provide site-specific safety training that

is identical to what is provided to their own

employees. This is best accomplished during

the host employer’s new hire orientation

training. A critical component of all the

training and instruction is that the training be

communicated in a language the temporary

worker understands.

Also the host employer must offer and

perform the OSHA required medical

surveillance or evaluations for the temporary

employees just like they offer to their

own employees.

For statistical purposes, OSHA requires

the 300 log of injuries and illnesses be

kept by the employer providing day-to-day

supervision. Communication remains critical

between the temporary agency and host

employer when accidents occur.

Temporary Worker InitiativeOn April 29, 2013, OSHA launched the

Temporary Worker Initiative with the goal

to increase OSHA’s awareness of the

plight of the temporary worker and to

highlight the employer’s responsibilities to

protect temporary workers from dangerous

workplace hazards. Another goal is to

educate temporary workers of their rights

under the OSH Act.

SolutionsAs discussed earlier, OSHA considers

the host employer and temporary agency

as joint employers who share the safety

responsibilities for the temporary worker.

However, safety responsibilities will vary

depending on the workplace conditions and

may be clarified by agreement or contract

between the temporary agency and host

employer. Many of the responsibilities will

often overlap.

OSHA and the National Institute for

Occupational Safety and Health (NIOSH)

teamed up to develop Department of Health

and Human Services (NIOSH) Publication

Number 2014-139 and OSHA Publication

Number 3735-2014, Recommended

Practices, Protecting Temporary Workers.

This document provides recommended

best practices for both host employers

and temporary agencies to better protect

temporary workers through mutual

cooperation and collaboration.

To clarify ownership, the host employer

and temporary agency should document

who is responsible for the following:

1. Temporary Hazard Identification

2. Preventive Measures

3. Injury and Illness Recordkeeping

4. Personal Protective Equipment (PPE)

5. Training

Hazard IdentificationOnce a temporary agency is selected,

representatives from the temporary agency

should be invited to the host employer

facility to observe the area and tasks

the workers will be performing. The host

employer is in the best position to identify 4

OSHA requires the 300 log of injuries and illnesses be kept by the employer providing day-to-day supervision.

GRAINGER.COM® | 1.800.GRAINGER

the hazards associated with the jobs being

considered. Host employers typically

complete a job hazard analysis (JHA) of the

task(s). If JHAs have been completed for the

identified tasks, they should be shared with

the temporary agency. If JHAs have not been

completed, time should be taken by both

parties to complete them and document

and identify all hazards associated with the

task(s). While temporary agencies need not

become safety experts, they should be able

to assess conditions, recognize hazards and

know how to address them. Participating

in the JHA process will help them in the

assessment process. This information is

vital for the temporary agency to help select

qualified and capable workers for the job.

Preventive MeasuresPreventive measures should be taken to

maintain the level of safety at the worksite

after the hazards have been identified. The

host employer should assign a mentor

(experienced full-time worker) to train and

work with the temporary worker until the

temporary worker has a clear understanding

of how to safely perform the task. Periodic

checks should be made with the temporary

worker to verify continued safe performance.

Another excellent preventive measure is

to treat the temporary workers as full-time

employees of the host employer. They

should not be excluded from any safety-

related meetings or trainings related to their

job task. Also, the temporary agency should

have established methods in place to stay

in touch with their employees while they are

working at a client’s worksite.

Injury and Illness RecordkeepingOSHA continues to find that host employers

and temporary agencies both are having a

difficult time determining who is responsible

for recording work-related injuries and

illnesses, and resulting case management.

OSHA does not allow injuries to be double-

counted on more than one OSHA 300

log. Either the temporary agency or host

employer can record the injury on their 300

log but not both. OSHA has provided plenty

of information as part of the Temporary

Worker Initiative to answer this question.

To determine who will record the injury or

illness, the question of who is performing

day-to-day supervision and who controls

and directs the work of the temporary worker

needs to be answered first. OSHA does not

consider which payroll the temporary worker

is on. What matters is whether there is an

employer-employee relationship between

the parties. If you have temporary workers

in your facility who may be exposed to

potential hazards while performing assigned

tasks, and you are telling them how, when

and where to do their job, you then own

that relationship with the employee. In most

cases the host employer is the one who

owns the relationship with the temporary

worker. As a best practice, the temporary

agency and host employer should establish

notification procedures to help ensure that

when a worker informs one employer of

an injury or illness, the other employer is

apprised as well. The details of how this

communication is to take place should be

clearly established in contract language.

5

Another excellent preventive measure is to treat the temporary workers as full-time employees of the host employer.

GRAINGER.COM® | 1.800.GRAINGER

The party not assigned the employee

relationship (typically the temporary agency)

still has a share of the responsibility. They

should maintain frequent contact with their

workers and the host employer to ensure

that any injuries and illnesses are properly

reported and recorded and do not slip

through the cracks.

Personal Protective Equipment (PPE)Employers must provide and ensure the

proper use and maintenance of PPE when

it is required by OSHA standards or by the

employer. As joint employers of temporary

workers, both the host employer and the

temporary agency are responsible for

ensuring that adequate PPE is provided. The

host employer will generally have the primary

responsibility for selecting, providing and

ensuring the use of adequate PPE for the job

task(s) since they typically own the day-to-

day supervision of the temporary workers.

They also:

• Are most familiar with the workplace

hazards that the temporary workers

will encounter

• Control the workplace hazards and the

worker’s activities around, and interaction

with, those hazards

• Are best situated to perform the hazard

assessment required for determining if PPE

is necessary and will likely have already

done so for its permanent staff

The host employer may specify the services

that it wants the temporary agency to

supply, including provision of PPE. Contracts

should clearly describe the responsibilities of

both parties in order to help ensure that all

requirements of OSHA’s regulations are met.

TrainingThe harsh reality of safety training for

temporary employees, whose length of

service is measured in hours or days, is it’s

the bare minimum or not provided at all.

Training involved with temporary workers

is thought of in two categories. The first

category is general training and the second

is worksite-specific training. OSHA says the

responsibility is shared. Typically, general

training would fall under the responsibility

of the temporary agency. General training

provides safety and health information

applicable to different occupational settings

such as worker-protection rights and hazard

communication. Worksite-specific training

identifies and communicates hazards

specific to the job tasks and worksite. The

majority of worksite-specific training will

rest with the host employer since most

OSHA training requirements are site specific.

OSHA stresses that temporary workers

should receive safety training that is identical

or equivalent to that provided to the host

employer’s own employees performing

the same or similar work. Best practices

would have the safety training completed

before the start of the work assignment.

In the example of hazard communication

training, the agency would conduct general

6

All employees have a right to a safe workplace.- OSH Act

GRAINGER.COM® | 1.800.GRAINGER

awareness training and the host employer

would conduct chemical-specific training for

the chemicals the temporary employees may

be exposed to.

ConclusionThe OSH Act states “all employees have

a right to a safe workplace.” Temporary

workers have the same right to a safe

workplace as regular employees, but they

often fall through the cracks and are not

provided a safe work environment. This

results in a much higher risk for injury

on the job. The challenge for the safety

professional is maintaining an open

cooperative team approach between the

temporary agency and employer. This team

approach starts even before the temporary

worker arrives at the worksite. The key

is open communication during the entire

work cycle that starts with due diligence

on the part of the host employer when

selecting a temporary agency all the way to

post employment case management and

everything in between.

Trends indicate temporary worker utilization

in the industry will continue to climb.

Because of this, the safety professional

needs to answer a few key questions for

their organization. Before partnering with

a temporary employment agency, is your

organization thoroughly vetting the agency’s

commitment to safety? Once temporary

workers are on-site, is there robust and

ongoing communication regarding all things

safety between your organization and the

temporary agency? And perhaps most

importantly, from a safety perspective, does

your organization embrace the temporary

worker as one of your own employees and

not a second-class citizen? If the safety

professional can confidently answer “yes”

to all three questions, then there is a solid

foundation in place to successfully manage

the challenges associated with temporary

worker safety.

About the AuthorsJohn M. Eliszewski holds a master’s degree

in Safety and Loss Control and has 20 years

of safety and health experience. John is a

Board Certified Safety Professional® (CSP),

Qualified Safety Sales Professional (QSSP)

and OSHA-Authorized Outreach Trainer for

General Industry.

Wes J. Maertz holds a bachelor’s degree in

Occupational Safety and has over 20 years

of safety experience working in industrial

hygiene, safety consulting, fleet safety,

human resources and loss control. Wes is a

Board Certified Safety Professional® (CSP),

OSHA-Authorized Outreach Trainer for

General Industry and a presenter at national

safety shows.

Grainger’s safety product technical support

professionals are here to support you

Monday through Friday, 7 a.m. to 7 p.m.

CT. Call your local Grainger branch

or drop us an email at

safetysupport@grainger.com.

Sources

“Recommend Practices Protecting Temporary Workers,” Occupational Safety and Health Administration (OSHA) and National Institute of Occupational Safety and Health (NIOSH). 2014.

“Policy Background on the Temporary Worker Initiative,” OSHA. July 2014.

“Temporary Worker Initiative Bulletin No. 1: Injury and Illness Recordkeeping Requirements,” OSHA. 2014.

“Temporary Worker Initiative Bulletin No. 2: Personal Protective Equipment,” OSHA. 2015.

“Transcript of Webinar: Protecting the Safety and Health of Temporary Workers,” presented by OSHA and the American Staffing Association. July 18, 2013.

“At the Company’s Mercy: Protecting Contingent Workers from Unsafe Conditions,” Center for Progressive Reform. January, 2013.

“First Quarter Staffing Employment Increases 5.5% Despite GDP Contraction,” American Staffing Association. June 18, 2015.

John M. Eliszewski Grainger Technical Safety Specialist

Wes J. Maertz Grainger Technical Safety Specialist

7

©2016 W.W. Grainger, Inc. W-YMKE200 8SP7638