1. 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

2. 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.

3. 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.

5. Temporary Worker Safety and OSHA’s Temporary Worker Initiative
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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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 The company uses Remedy Intelligent Staffing as a temporary staffing service to provide laborers for certain types of jobs.

14. Bacardi Findings Two (2) Willful Nine (9) Serious
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

15. 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.

16. 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

17. 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

18. 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.

19. 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.

20. 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

21. 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

22. 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.

23. 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.

24. 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.

25. 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

26. 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

27. Most Frequent Violations
Electrical
Control of Hazardous Energy
Machine Guarding
Fall Protection
Hazard Communication
Powered Industrial Trucks

28. 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

29. 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

30. 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

31. Responsibilities of host employers and staffing agencies
Must treat temporary employees like any other employee in terms of training and safety and health protection

32. 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

33. 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”

34. 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.”

35. 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.

36. 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

37. 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
OSHA Interpretation Letter (Feb 3, 1994)

38. Responsibilities of host employers and staffing agencies
HAZARD COMMUNICATION
OSHA Directive CPL
Inspection Procedures for the Hazard Communication Standard, 29 CFR §
[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 , Appendix A, Section h, March 20, 1998)

39. 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!

40. 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-to-day tasks. This issue is specifically addressed in OSHA’s recordkeeping regulation.

41. 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.”

42. 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

43. 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!

44. OSHA – NIOSH Recommended Practices
October, Evaluate the Host Employer’s Worksite Task Assignments JHA’s

45. 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

46. 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

47. OSHA – NIOSH Recommended Practices
MAINTAIN CONTACT

48. Resources https://www.osha.gov/temp_workers/
OSHA’s On-Site Consultation Program
OSHA

49. Additional Assistance
Harrisburg Area Office
Duty Officer Hours
8:00 am - 4:30 pm
(717)
Web Site: