By Benjamin D. Briggs, Adam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) has released a new set of best practices to assist host employers in better protecting the safety and health of temporary workers.
Since 2013, Federal OSHA has maintained
Continue Reading NIOSH Best Practices to Help Host Employers Protect Temporary WorkersBy Adam R. Young, Mark A. Lies, Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, and Melissa A. Ortega
Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles.
The Multi-Employer Worksite Doctrine allows the Occupational Safety
Continue Reading “Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer 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, II, Scott M. Nelson, and Adam R. Young
Seyfarth Synopsis: Since 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. Curtis, Adam 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
Seyfarth 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