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The California Division of Occupational Safety and Health (Cal/OSHA) outlined state-specific legal requirements for protecting temporary workers in a recently released fact sheet.
The agency breaks down the responsibilities of host employers and the staffing providers, explains injury reporting and record-keeping requirements, and lists basic safe work practices for staffing agencies.
Both the primary employer (i.e., the staffing provider) and the host employer are responsible for temporary employees and must follow all applicable California labor laws and Cal/OSHA standards, the agency said.
Cal/OSHA recommends that the staffing agency and host employer specify in their contract their respective responsibilities for complying with applicable regulations. “Such a contract does not eliminate each employer’s legal obligation to protect the employees,” the agency clarified.
Both employers must implement specific safety programs as required by Cal/OSHA regulations, depending on the work environment and the type of work being performed. In addition, the primary employer must have a “written, effective and fully implemented Injury and Illness Prevention Program.”
The agency specified that staffing providers are responsible for:
Reporting, Record-Keeping Requirements
Only one employer is required to log injuries and illnesses, however both staffing agencies and host employers must report serious work injuries and illnesses to Cal/OSHA.
When the staffing firm exercises day-to-day supervision over employees, it is responsible for injury and illness record-keeping. When the host employer has full supervisory control over employees, the host employer is responsible for maintaining injury and illness records. And in cases where the staffing firm and host employer share the supervisory role, the two employers should reach an agreement regarding record-keeping, Cal/OSHA said.
Safe Work Practices for Staffing Employers
The agency listed common safe work practices for staffing employers to help keep employees safe and healthy at a host employer’s worksite:
Roy Maurer is an online editor/manager for SHRM.
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