U.S. DOL
OSHA and Wage and
Hour Division
Kevin G. Kilp
Area Director
OSHA Harrisburg Area Office
Jane E’del
Wage and Hour Investigator
WHD Harrisburg District Office
OSHA/WHD
As an organization with diverse functions, DOL carries out
its mission through a number of offices and agencies.
These are organized into major program areas, and
headed by an Assistant Secretary or other official
– The Wage and Hour mission is to promote and achieve
compliance with labor standards to protect and enhance the
welfare of the Nation's workforce.
– OSHA's mission is to assure the safety and health of
America's workers by setting and enforcing standards;
providing training, outreach, and education; establishing
partnerships; and encouraging continual improvement in
workplace safety and health.
OSHA/WHD
While our individual missions seems to be different, they are in fact
fundamentally the same…to protect the American worker.
In recent years our agencies have been working closer to share
information, make referrals, and assist in joint investigations.
Safety Best Practices
OSHA and Wage and Hour Division Update
Temporary Worker Safety
and OSHA’s
Temporary Worker
Initiative
Kevin G. Kilp, Area Director
OSHA Harrisburg Area Office
October 28, 2014
Introduction
• The changing workscape
• How a temp worker workforce impacts
safety and health
• Cases in the News/Metrics
• OSHA’s Temporary Worker Initiative
• Responsibilities of host employers and
staffing agencies
• OSHA – NIOSH Recommended Practices
The Changing Workscape
In 1956, there were only about 20,000
employees in the employment services
industry, and the industry’s primary focus
was to place employees in clerical and
factory positions that involved routine or
repetitive tasks.
Source. Bureau of Labor Statistics
The Changing Workscape
• By the early 1970s, (when OSHA was
created) the number of workers in the
temporary help services industry had
grown to approximately 200,000
<0.3% of the workforce
• By 1990, the industry comprised slightly
more than 1 million employees
1.0% of the workforce
Source. Bureau of Labor Statistics
The Changing Workscape
• During the 1990–2008 period, employment in the
temporary help services industry grew from 1.1 million
to 2.3 million
• More workers in higher skill occupations
• Employment in this industry is very volatile - temporary
workers are easily hired when demand increases and
laid off when it decreases
Source. Bureau of Labor Statistics
The Changing Workscape
TODAY….
• The temporary workforce continues to grow rapidly
• 3.0 million people are employed by staffing companies
every week
• 11.0 million temporary and contract employees are hired
by U.S. staffing firms over the course of a year
• 79% of staffing employees work full time, virtually the
same as the rest of the work force.
Source : American Staffing Agency
Impact
We’ve known for decades that NEW
employees are at greater risk. Why?
LACK OF TRAINING
• Many temp employees are new to a jobsite several times
in a year
• Some employers do not want to spend the resources to
train an employee that will only be there a few
days/weeks/months
Impact
Other concerns:
• Some employers use temp workers to avoid
meeting compliance obligations (OSHA and
others)
• Temp workers are often placed in the most
hazardous jobs
• Temp workers are more vulnerable to (and
fearful of ) retaliation
• Language Barriers
Cases in the News
Feb. 11, 2013
US Labor Department's OSHA cites Jacksonville, Fla.based Bacardi Bottling following death of temporary
worker on 1st day
JACKSONVILLE, Fla. – The U.S. Department of Labor's Occupational Safety
and Health Administration has cited Bacardi Bottling Corp. with 12 alleged
safety violations following the death of a 21-year-old temporary worker his first
day on the job. Lawrence Daquan "Day" Davis was crushed to death by a
palletizer machine at the Jacksonville facility in August 2012. The company uses
Remedy Intelligent Staffing as a temporary staffing service to provide laborers for
certain types of jobs.
Bacardi Findings
• Two (2) Willful
– Control of Hazardous Energy (LO/TO)
procedures/training
• Nine (9) Serious
– tripping, fire, egress, struck-by (falling bottles),
LO/TO, PPE, compressed air
• Total proposed penalty = $192,000
Cases in the News
June 18, 2014
2 companies cited for willful and other violations after temporary worker
injured at Maplewood, NJ, bottling plant in December 2013
US Department of Labor's OSHA proposes $182,270 penalty
MAPLEWOOD, N.J. – Maplewood Beverage Packers LLC and temporary
employment agency Corporate Resource Services Corp. in Elizabeth have
been cited by the U.S. Department of Labor's Occupational Safety and Health
Administration for health and safety violations found at the beverage bottling
company's Maplewood plant. OSHA's December 2013 investigation, which found
willful and repeat violations, was initiated following a referral from the Maplewood
Fire Department after a temporary worker was injured after falling from a ladder.
OSHA has proposed $182,270 in penalties.
Maplewood Beverage LLC
Findings
• One (1) Willful
– failure to provide annual audiograms
• One (1) Repeat
– machine guarding
• 17 Serious and two (2) Other
• Total proposed penalty = $54,450
Corporate Resources Services
Findings
• Two (2) Serious
– failure to conduct a hazard assessment of the
workplace
– failure to ensure that each employee was informed of
the effects of noise on hearing and inform each
employee about hearing protectors.
• Total proposed penalty = $11,000
Cases in the News
US Department of Labor's OSHA cites 5
companies following December 2013 fatality of
temporary worker at Amazon fulfillment center
in Avenel, NJ
AVENEL, N.J. — On Dec. 4, 2013,
temporary worker Ronald Smith died from
injuries sustained after he was caught in
between a conveyor system and crushed
while performing sorting operations at an
Amazon fulfillment center in Avenel.
Amazon - Avenel, NJ
Following an investigation initiated in response to
the fatality, the U.S. Department of Labor's
Occupational Safety and Health Administration has
cited five companies for serious violations,
including the contractor responsible for operating
the facility, and four temporary staffing agencies.
Amazon - Avenel, NJ
Third-party logistics provider Genco, based
in Pittsburgh, was contracted by Amazon to
direct the temporary employees from four
staffing agencies involved in sorting
operations. The employees were required to
monitor the conveyors and sorting machine
to ensure packages were positioned properly
while traveling over the conveyor and sorting
belts
Amazon - Avenel, NJ
Findings
One (1) Serious violation issued to Genco and to
each of the four (4) staffing agencies:
– The Corporate Services Co.;
– Corporate Resource Services Inc. dba
Diamond Staffing Services;
– Remedy Intelligent Staffing Inc., dba
Selective Staffing;
– Staffmark
OSHA’s Temporary Worker
Initiative
April 29, 2014
Memorandum to the agency's Regional
Administrators directing field inspectors to
assess whether employers who use temporary
workers are complying with their responsibilities
under the Occupational Safety and Health Act.
OSHA’s Temporary Worker
Initiative
Inspectors will use a newly created code in their
information system to denote when temporary
workers are exposed to safety and health
violations.
Additionally, they will assess whether temporary
workers received required training in a language
and vocabulary they could understand.
May 21, 2014
OSHA and the American Staffing Association form alliance to protect
temporary workers
WASHINGTON – The Occupational Safety and Health Administration today
signed an alliance with the American Staffing Association to work together to
further protect temporary employees from workplace hazards.
Through the alliance, OSHA and ASA will conduct outreach to workers about
their rights, and work to educate staffing firms and their clients on their
responsibilities to protect workers under the Occupational Safety and Health
Act (OSH Act). The partners will work together to distribute OSHA guidance
and additional information on the recognition and prevention of workplace
hazards, and to further develop ways of communicating such information
(e.g., print and electronic media, electronic assistance tools, and OSHA's and
ASA's Web sites) to staffing firms, host employers and temporary workers.
Metrics FY 2014
October 1, 2013 – September 30, 2014
Nationally
• 944 inspections conducted involving
temporary employees exposed to hazards
• 626 of these resulted in citations
• 87.2% of these inspections resulted in
Serious, Repeat or Willful citations
• Proposed penalties > $11.8 million
• 32 were fatality/catastrophe inspections
Metrics FY 2014
October 1, 2013 – September 30, 2014
OSHA Region III
• 103 inspections conducted involving
temporary employees exposed to hazards
• 68 of these resulted in citations
• 86.8% of these inspections resulted in
Serious, Repeat or Willful citations
• Proposed penalties > $570,000
• 1 fatality inspection
Most Frequent Violations
•
•
•
•
•
•
Electrical
Control of Hazardous Energy
Machine Guarding
Fall Protection
Hazard Communication
Powered Industrial Trucks
Responsibilities of host employers and staffing
agencies
• Host employers and staffing agencies are jointly
responsible for maintaining a safe work
environment
• BOTH employers may be held responsible by
OSHA for violative conditions
• ALL workers have a right to a safe workplace,
regardless of the duration of their employment
Responsibilities of host employers and staffing
agencies
BOTH EMPLOYERS HAVE ROLES
• Key Concepts:
– Who is in the best position to prevent and
correct hazards?
– Who is in the best position to ensure
compliance with OSHA standards?
• Host/Agency communication is vital
Responsibilities of host employers and staffing
agencies
Staffing Agencies have a duty to inquire into the
conditions of the workplace and verify that the host
has fulfilled its’ responsibilities to provide a safe
workplace
– Ignorance of hazards is not an excuse
– Staffing Agencies are responsible for providing at
least some level of training, and depending upon their
agreement with the host, and level of onsite presence
and supervision, possibly much more
Responsibilities of host employers and staffing
agencies
HOST EMPLOYERS
Must treat temporary employees like any other
employee in terms of training and safety and
health protection
Responsibilities of host employers and staffing
agencies
November 21, 2012
OSHA Interpretation letter to
Staffmark
OSHA details its’ position on the division of responsibilities
and highlights 3 key areas: Recordkeeping, Training, and
Hazard Communication
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=IN
TERPRETATIONS&p_id=28598
Responsibilities of host employers and staffing
agencies
“In general, both the temporary agency and
the host employer have the responsibility to
ensure that training, hazard communication,
and recordkeeping requirements are fulfilled.
Therefore, the issue at hand is the division
of responsibility…the extent of responsibility
is dependent upon the specific facts of the
situation”
Responsibilities of host employers and staffing
agencies
“To ensure that there is clear understanding of each
employer's role in protecting employees, OSHA
recommends that the temporary staffing agency and the
host employer set out their respective responsibilities for
compliance with applicable OSHA standards in their
contract.
Including such terms in a contract will ensure that each
employer complies with all relevant regulatory
requirements, thereby avoiding confusion as to the
employer's obligations.”
Responsibilities of host employers and staffing
agencies
TRAINING
There are specific OSHA standards which cover training
requirements depending on the industry, worksite, and
job duties to which the temporary agency sends its
employees.
In general, it is the responsibility of the temporary
agency to ensure that employees have received proper
training.
Responsibilities of host employers and staffing
agencies
TRAINING
In practice, even when the temporary agency has
provided basic training, the host employer provides the
workplace-specific training appropriate to the
employees' particular tasks.
In order to fulfill its obligation under such circumstances,
the temporary agency must have a reasonable basis for
believing that the host employer's training adequately
addresses potential hazards employees may be
exposed to at the host worksite
Responsibilities of host employers and staffing
agencies
HAZARD COMMUNICATION
Both the temporary agency and the host employer are
responsible for ensuring that employees are effectively
informed and trained regarding exposure to hazardous
chemicals
OSHA Directive CPL 02-02-038
OSHA Interpretation Letter (Feb 3, 1994)
Responsibilities of host employers and staffing
agencies
HAZARD COMMUNICATION
OSHA Directive CPL 02-02-038
Inspection Procedures for the Hazard Communication Standard,
29 CFR § 1910.1200
[Hazard Communication Standard] training of temporary
employees is a responsibility that is shared between the
temporary agency and the host employer. The host-employer
holds the primary responsibility for training since the host
employer uses or produces chemicals, creates and controls the
hazards, and is, therefore, best suited to inform employees of the
chemical hazards specific to the workplace environment. The
temporary agency, in turn, maintains a continuing relationship
with its employees, and would be, at a minimum, expected to
inform employees of the requirements of the standard. (CPL 0202-38, Appendix A, Section h, March 20, 1998)
Responsibilities of host employers and staffing
agencies
HAZARD COMMUNICATION
See the OSHA Interpretation Letter
February 3, 1994
TO Mr. Michael F. Moreau, National Employment Service Corporation
Same direction as the directive – shared responsibility
Reminder:
Training on HCS 2012 was due December 1, 2013!
Responsibilities of host employers and staffing
agencies
Recordkeeping
Generally, the Host is responsible for recordkeeping at their
respective establishment. However, when multiple
employers are involved, the responsibility to record is
based upon who supervises the temporary worker’s day-today tasks. This issue is specifically addressed in OSHA’s
recordkeeping regulation.
Responsibilities of host employers and staffing
agencies
Recordkeeping
Day-to-day supervision occurs when:
“In addition to specifying the output, product or result
to be accomplished by the person’s work, the
employer supervises the details, means, methods
and processes by which the work will be
accomplished.”
Responsibilities of host employers and staffing
agencies
Recordkeeping
Example 1: When Host employer directs the work, full
supervisory control - the Host is responsible for recording
Example: 2 When only the staffing agency directs the work
and maintains supervisory control – the staffing agency is
responsible
Responsibilities of host employers and staffing
agencies
Recordkeeping
More complex arrangements require the host and staffing
agency(s) to communicate and work together to establish a
plan to ensure all recordable injuries and illnesses are
properly recorded in accordance with OSHA recordkeeping
standard.
No matter who does the recording, both entities are
responsible for ensuring it is done!
OSHA – NIOSH
Recommended Practices
October, 2014
http://www.osha.gov/Publications/OSHA3735.pdf
Evaluate the Host Employer’s
Worksite
Task Assignments
JHA’s
OSHA – NIOSH
Recommended Practices
Train Agency Staff to Recognize Hazards
Ensure the Employer Meets or Exceeds the
Other Employer’s Standards
Exchange/Review Programs
Assign Responsibilities/Scope of Work
IN THE CONTRACT
OSHA – NIOSH
Recommended Practices
Injury/Illness Tracking (Sharing Information)
Training (Sharing Responsibility)
First Aid/Medical Treatment/Emergencies
I2P2 and assessments – performance measures
Incident, Injury and Illness Investigation
OSHA – NIOSH
Recommended Practices
MAINTAIN CONTACT
Resources
• https://www.osha.gov/temp_workers/
• OSHA’s On-Site Consultation Program
https://www.osha.gov/dcsp/smallbusiness/co
nsult.html
1-800-321-OSHA
Additional Assistance
Harrisburg Area Office
Duty Officer Hours
8:00 am - 4:30 pm
(717) 782-3902
Web Site:
www.osha.gov