As a result of multiple recent high profile fatality incidents involving temporary workers, OSHA is launching an initiative to further protect temporary employees from workplace hazards. This initiative emphasizes enforcement, outreach, and training to assure that temporary workers are protected from workplace hazards.
In April 2013, OSHA sent a memorandum to its Regional Administrators directing that OSHA field inspectors assess whether employers that use temporary workers are complying with their OSHA responsibilities. OSHA inspectors, pursuant to this memorandum, are to be directed to do the following:
- Determine if the employer uses any temporary workers.
Determine if the temporary employees are exposed to an OSHA violation.
Assess (by interviewing the temporary employee and by reviewing records) if temporary workers have been trained.
Assess if they have been trained in language and vocabulary that they understand.
In sum, if OSHA inspects your facility, be prepared for the inspector to interview temporary employees and to pay particular attention to the training and safety of temporary employees.
Note: This is a general summary of the law and should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.