OSHA s position: Temporary workers are entitled to the same safety and health protections as direct-hire and permanent employees

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2 OSHA s psitin: Temprary wrkers are entitled t the same safety and health prtectins as direct-hire and permanent emplyees Temprary wrker industry has grwn 125% since ,000 temprary jbs added t the U.S. ecnmy since August 2009 Apprx. 10 millin peple wrk in temprary jbs per year 3 Launched April 29, 2013 T ensure that staffing agencies and hst emplyers understand their respnsibilities under the Occupatinal Safety and Health Act f 1970 Includes data gathering, identifying best practices, and develping utreach material 4 2

3 OSHA s psitin is that bth the hst emplyer and the staffing agency can be respnsible fr the safety f the temprary wrker Share cntrl ver wrker; share respnsibility fr wrker Each emplyer shuld think abut hazards it is in the better psitin t prevent and crrect, and cmply with OSHA standards OSHA has recgnized this specifically with respect t the health care industry and the bldbrne pathgens standard 5 Staffing agency & hst emplyer shuld bth: Have a written safety and health prgram Perfrm a hazard assessment f the wrksite Define scpe f wrk in the cntract Cnduct new prject rientatin and safety training that addresses hazards t which temprary wrkers may be ptentially expsed Maintain cmmunicatin with wrker and each ther 6 3

4 Emplyers must recrd the injuries and illnesses f temprary wrkers if they supervise such wrkers n a day-t-day basis. Day-t-day supervisin ccurs when the emplyer supervises the details, means, methds and prcesses by which the wrk is t be accmplished. Prcedures must be established fr emplyees t reprt injuries and illnesses. Infrmatin abut injuries and illnesses shuld flw between the hst emplyer and staffing agency. 7 Memrandum t field Data gathering and enfrcement guidance Prmting cmpliance assistance July 2013 ASA Webinar Identifying Best Practices c-branding w/ NIOSH Develping utreach material Bulletins, OSHA website Outreach t stakehlders (NACOSH Natinal Advisry Cmmittee n Occupatinal Safety and Health, ACCSH Advisry Cmmittee n Cnstructin Safety and Health, ASA American Staffing Assciatin, and ASSE American Sciety f Safety Engineers) 8 4

5 Why particularly imprtant in lng term care? OSHA may examine temprary wrker safety as part f Nursing Hme Natinal Emphasis Prgram Ergnmics, Bldbrne Pathgens, Tuberculsis, Wrkplace Vilence, and Slips, Trips and Falls. Facilities with a DART rate f 5.3 within the last three years can be inspected under NEP prgrammed inspectins r when an emplyee cmplaint is filed even if cmplaint has nthing t d with safe patient handling. Ergnmic and wrkplace vilence hazards can be cited under the General Duty Clause f the OSH Act. Bldbrne pathgens standards vilatins are the N. 1 citatins received by nursing and residential care facilities

6 Determine use f temprary wrkers and independent cntractrs. Identify jbs where temprary wrkers are utilized. Review wh has day-t-day supervisin f temprary wrkers. Review temprary staffing cntracts regarding respnsibility fr safety and health training and verall safety and health cmpliance. Clarify cntracts if there is ambiguity in respnsibility. 11 Cmmunicate at leadership level regarding cmpliance respnsibilities. Ensure frequent cmmunicatin between hst emplyer supervisrs and supervisrs emplyed by temprary staffing agencies. Review applicable training requirements fr temprary wrkers and ensure that they are receiving requisite training and that training is site specific. 12 6

7 Ensure hst and temprary staffing agency review wrkplace injuries t implement needed crrectins. Audit OSHA 300 Lgs t ensure adequately capture injuries and illnesses t temprary wrkers. Train supervisrs in OSHA temprary wrker initiative. Engage in utreach and prgram evaluatin t bth hst and temprary wrkers t gauge safety culture