osha & the temporary work force: who has control?
TRANSCRIPT
OBG PRESENTS:
OSHA & the Temporary Work Force: Who has Control?Alicia F. Mitchell CSP, CHMM | August 9, 2016
North Carolina Manufacturer’s Alliance, Environmental, Energy, Health and Safety School
OSHA News Releases
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06/28/2016 OSHA finds workers exposed to amputation dangers at San Angelo woodworking manufacturer; company, staffing agency fined $63K
02/03/2016 OSHA: Washington County contractor, Pittsburgh staffing agency failed to protect temporary workers from potential trench collapse
11/16/2015 Furniture manufacturer, staffing agency expose workers to hazards twice in 14 months
11/09/2015 After amputation at Austin manufacturing plant, OSHA cites employer and temp agency for safety violations
10/05/2015 Judge affirms OSHA citations against Alabama auto parts supplier following the amputation of a temporary worker's hand and fingers
…First Day on the Job was his last: What Happened to Day Davis
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“Host employers need to treat temporary
workers as they treat existing employees.
Temporary staff 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.”
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David Michaels PhD, MPHAssistant Secretary of Labor Occupational Health and Safety Administration
OSHA’s Temporary Worker Initiative (TWI)
Focus on compliance with health & safety requirements when temporary workers are employed under joint (or dual) employment
Typically a staffing agency and a host employer
Guidance documents at www.osha.gov/temp_workers
• TWI Bulletins
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The Initiative States:
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“Staffing agencies and host employers share control over temporary employees, and are therefore jointly responsible for ensuring that these employees are effectively informed and trained…”
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Staffing Agency
Basic Training to skill set
Communicates with Host Employer
Worker
Ready to work
Needs Personal Protective Equipment (PPE)
Needs training
Host Employer
Site Specific training
Day to day supervision
OSHA log records
Communicates with Staffing Agency
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Must be trained:
▪ Generic Safety –
▪ GHS,
▪ PPE (steel toed boots, hard hat, safety glasses, ear plugs, respirator),
▪ Forklift operator license etc.
▪ Site specific –
▪ JHA, chemical exposure, noise,
▪ respirator cartridges,
▪ trained to operate the site forklift,
▪ evacuation routes, safety shower locations etc.
The Worker
GHS – Global Harmonized System for Classification of Chemicals (HAZCOM)
PPE – Personal Protective Equipment
JHA – Job Hazard Analysis
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▪ Does not pay for PPE
▪ Knows how to do their work safely – has appropriate PPE
▪ Can identify hazards
▪ Understands control and protective measures
▪ Understands his / her rights if confronted with a hazardous situation
The Worker
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▪ Provide training prior to commencement of work
▪ In a language and vocabulary the worker understands
▪ Must review applicable OSHA standards
▪ Must determine what its workers are doing and the hazards to which they may be exposed
▪ Conducts site walkthrough: Communicates with Host Employer
The Staffing Agency
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▪ Establishes system for temp workers to report OJIs
▪ Must ensure that the workers receive site specific training
▪ Has the duty to inquire & verify
▪ May agree to provide site specific training –if familiar
The Staffing Agency
OJIs – On the job injuries
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▪ Provides site specific training – building and JHA
▪ Has primary responsibility for selecting, providing, and ensuring use of proper PPE (per the PPE Hazard Assessment)
▪ Provides site specific PPE
▪ Costs may be shared through contractual agreement with Staffing Agency
The Host Employer
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▪ Treats a temp employee just like a full-time employee
▪ Supervises worker on a day-to-day basis
▪ Records the OJI of temporary workers on the OSHA 300 log
The Host Employer
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Communication is essential
Staffing Agency
Host Employer
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Shared Responsibilities
Contractual agreement
Job to be performed – What , How, JHA
Training – Generic & Site Specific
• Must be in a language understood by worker
• Verified = Documentation
PPE – Per Host Employer’s PPE Assessment
OJI Reporting and Record Keeping
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QUESTIONS AND REVIEW
