b'Gary\'s Corner Temporary Workers and OSHA GaryMRCA Legal Counsel Auman, Roofing contractors turntemporaryIf you remember toworkers to provide a laborwhenorregular employees are off forceonemore work. Increasingly, however, contractors are using temporaryto treat all workers to avoid increasingpayrnll costs due to theirworkers\' compensation premiums, which are mostly payroll-based, andtemporary for safety trainingcompliance with to sidestep the needand certain employmentworkers as you treat your laws. An employeruses temporaryhas always whoemployees been responsible for the safetythose workers, but becauseown employees, you should of temporary workers suffer serious injuries more frequently today, OSHA has weighed in onInbe in compliance with this practice.April 2013, OSHA launchedTemporaryIn itsWorker Initiative (TWI).July 2014, itmemorandumall regional administratorsOSHAQ\'~ issued ato thatoutpolicy backgroundthe setstheforTvVI. OSHA Memorandum intention that youprovide any site-specific safety Lraining. In its memo, OSHA announced that itthe hostwill would treat \'!his could include basictraining onersonal protective employerstaffing agency as joint employers for pro safetypand the equipment (PPE), safetysheets, basicprevention, and viding a safeking environmenttemporary employees.datafall wor for The memo alsotemporary workers" as workers whoyouyour hazard recognition. Even ifcover this incontract, defined "you must ensure thatonrksites have are hired andbyandto a hostall employeesyour wopaida staffing agencysupplied received necessary training andin compliance with all employer to performorka temporarysis. There is noare w onbasafety rules andards. lengLh ofspecified to determine "temporary:standtime OSHA states thatthe host The memo states thatworkers are entitled to thealthoughemployer is primarily temporary responsible for determiningin theirrkplaces, the sameunder the Occupational SafetyHealthhazardswoprotectionsand staffing agency mustthatare notnding (OSH) Act astherverednyensuretheyse workers all o co workers. Accordingly, acontractualofsponsibilities between the staffingto workplaces with unprotected hazards. allocationreHowever, let\'s sayOSHA visits one ofjob sites agency and the hostmaydischarge either party\'sthatyour employernot with temporaryon itthe compliance officer obligations. Inwords, you, thecannot shunworkersand othercontractor, your responsibility to provide a safe workplace usingethese determines thatworkers are exposed to a violative conlanguagincontractith thengr, you candition. \'Ihe contract notwithstanding, the compliance officer yourw staffi agency. Howevewill considercitations to eitherboth employers. use the contracttheto define that agen issuingor withstaffing agency OSHA also statesits memo that temporary cy\'s responsibilityyou to provide temporarywhoinworkers have toworkers the sameandretaliation asother have received general orconsiderrightsprotections againstall specific safety training. So, specifyingcontractsafety training you wantcovered workers. OSHA believes that both the staffing agency in thatwhatever andosthould tell temporaryow your temporaryto have.h employers s workers h to workers report injuries, illnesses, andlace safetyas For example, you maytoworkp concerns, require your staffing agency well as inform them ofareunder ensure thattemporary employee theyto one ofurprotections theyaffordedthe anysendyosites has received general safetyhealth training, with theOSHAct. and the HowNew Initiative Affects You On August 25, 2014, OSHA publishedinitial list of MRCA General Counsel Gary Auman is providing one-on-one,an recommendedboth staffing agencies and complimentary legal consultations onatpractices for safety mattersthehost employers. Here are someresponsibilities for host MRCAatkey Annual Conference. To reserve a time, registerMRCAemployers: Centralthesonow. ontradeshow floor. Space is limited,actIdentify to the staffing agencytasks the temp will be the expected to perform and any PPE thatbey. willnecessar16www.mrca.org- Midwest Roofer'