This bulletin is the first in a series of guidance documents OSHA plans to release under its Temporary Worker Initiative.
OSHA’s Temporary Worker Initiative (TWI) was created to protect temporary workers, many of whom are injured on their first days on a job. Temporary workers are considered to have multiple employers – the staffing agency supplying the worker and the staffing firm client (host employer). The staffing agency and host employer are responsible, in varying degrees, for the safety and health of the temporary worker.The first guidance bulletin released under the TWI clarifies the injury and illness recording requirements for both staffing agencies and host employer. Only one employer, usually the host employer, should record the injury and illness in their OSHA 300 log. Host employers are generally responsible for recording injuries and illnesses because they usually supervise temporary workers on a day-to-day basis. Employers supervise workers when they control the methods and processes of completing the work. While staffing agencies may have a representative at the work-site, the host employer will still be required to record any work-related injuries and illnesses if the staffing agencies representative has not control over the day-to-day activities of the temporary workers.Staffing agencies are still responsible for their workers’ safety and health, even if they are not required to record work-related injuries and illnesses. Staffing agencies should communicate with its workers and the host employer to verify that the host employer records any injuries and illnesses. Communicating with its workers and host employers also provides the staffing agency with information on any workplace hazards that should be addressed to protect its workers. Staffing agencies and host employers are required to implement a method for employees to report work-related injuries and illnesses immediately. If a staffing agency learned of a work-related injury or illness, it should inform the host employer to ensure that the case is recorded, and to allow the host employer to take steps to prevent future injuries and illnesses.
Sources : OSHA Trade News Release, OSHA releases new educational bulletin on injury recording requirements to help protect temporary workers, March 13, 2014; OSHA, TWI Bulletin No. 1, Injury and Illness Recordkeeping Requirements