multi-employer worksite doctrine

By James L. Curtis and Craig B. Simonsen

Seyfarth Synopsis: OSHA has just updated its “Protecting Temporary Workers” website, for staffing agencies and their clients (i.e., host employers). The page reminds these employers that they are jointly responsible for a  temporary employee’s safety and health .

We have blogged previously about OSHA’s enforcement activities and guidance documents
Continue Reading OSHA Releases Two New Temporary Worker Guidance Documents

By Mark A. Lies, IIScott M. Nelson, and Adam R. Young

Seyfarth SynopsisSince it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations.  The Multi-Employer Worksite Doctrine has allowed OSHA to extend liability to general contractors, host employers, staffing agencies, and anyone
Continue Reading Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

By James L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  We had blogged previously that OSHA appealed an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine and citation of a “controlling employer” general contractor. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. August 4, 2017).  The Fifth
Continue Reading Fifth Circuit Last to Uphold OSHA’s Multi-Employer Worksite Doctrine

By Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for a  temporary employee’s safety and health in two new guidance documents relating to respiratory protection, noise exposure, and hearing conservation. Temporary agencies and host employers
Continue Reading OSHA Releases Two New Temporary Worker Guidance Documents

By Benjamin D. Briggs, Brent I. Clark, and Craig B. Simonsen

iStock_000060649530_MediumSeyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for temporary employee’s safety and health in two new guidance documents relating to safety and health training and hazard communications. Temporary agencies and host employers that
Continue Reading OSHA Releases Two More Temporary Worker Guidance Documents

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

The Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health released yesterday their “new” guidance for “Recommended Practices” to protect temporary workers’ safety and health, for staffing agencies and host employers. DHHS No. 2014-139 (August 25, 2014).

This new guidance comes on
Continue Reading New Guidance for “Recommended Practices” to Protect Temporary Workers

By James L. Curtis and Craig B. Simonsen

Thomas Galassi, the Director of OSHA’s Directorate of Enforcement Programs, recently issued a Memorandum to Regional Administrators on OSHA’s “Policy Background on the Temporary Worker Initiative.” It provides a good lesson from the Agency’s perspective.

We had blogged previously about OSHA’s national emphasis on temporary workers. For instance, Administrator David Michaels published
Continue Reading OSHA Issues Memo to “Remind” its Field Staff about Enforcement Policy on Temporary Workers

By Brent I. Clark and Craig B. Simonsen

The OSHA National Advisory Committee Workgroup will meet to continue its discussion of issues relating to the protection of temporary workers.

The Workgroup will be discussing issues that include perceived gaps in workplace protection for temporary workers, differences between temporary workers and contract workers, and joint responsibility of host employers and staffing
Continue Reading OSHA Holding National Advisory Committee Workgroup Meeting on Temporary Worker Issues

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

OSHA has just announced its first in a series of guidance documents concerning compliance with safety and health requirements when temporary workers are employed under joint (or dual) employment of a staffing agency and a host employer. TWI Bulletin No. 1.

We had blogged previously about Administrator David
Continue Reading OSHA Publishes First in Series of Temporary Worker Initiative Guidance Documents – Injury and Illness Recordkeeping Requirements

By Brent I. Clark and Meagan Newman

In a recent op-ed OSHA’s top administrator, David Michaels, makes clear that OSHA’s temporary worker focus, announced earlier this year, is here to stay.

We blogged earlier this year when the initiative was announced. In the op-ed Michaels draws a direct connection between the length of time on the job and the
Continue Reading Michaels Opines on OSHA’s Temporary Worker Focus: Emphasis on Training