Four Topics for Your Host Client Safety Agreement
Did you check out our Assurance University staffing webinar: “OSHA’s Temporary Worker Initiative and Client Selection.” View the recording!
With OSHA’s Temporary Worker Initiative still moving forward at full speed, it’s becoming even more important for temporary staffing firms to put agreements in place with their clients regarding safety.
While contracts that outline billing and payment terms may already exist with your clients, a Host Client Safety Agreement focuses specifically on whose responsible for certain required safety tasks. The goal of this document is to ensure that both the temporary staffing firm and host client are on the same page as far as safety expectations go. The agreement doesn’t need to be long or complicated, but at a minimum, it should cover the following items:
1. Safety Training
The contract or agreement should outline who provided training and when. All new employees should be receiving an initial training or orientation prior to starting a new assignment. The staffing company is typically responsible for general safety training such as PPE, hazard communication and lockout/tagout. This training won’t necessarily cover the specific hazards they’ll encounter on-site, but will provide new employees with the basics. The host employer should be providing training on specific worksite hazards when the temporary employee arrives on-site. Staffing companies should then receive documentation that the training was completed.
2. Job Assignments
Temporary employees should be requested with a certain position or job in mind and ultimately, that’s the position the temporary employee should remain in once arriving at the host client. Unfortunately, it’s not uncommon for temporary employees to be moved into different positions, aside from the one they were requested for, based on production needs. Even more unfortunate, often times when these employees are moved, they’re not provided additional training for these new positions. Having in writing that temporary employees cannot be moved or reassigned without permission from the staffing company helps discourage this practice.
3. Recordkeeping / OSHA 300 Logs
Staffing companies don’t need to maintain an OSHA 300 log for their temporary workers in most cases, but this isn’t always known to host clients. The agreement should spell out who’ll maintain the OSHA 300 logs for injuries occurring at that client. It’s also a good idea to include who’ll report incidents to OSHA if a reportable injury occurs (e.g. fatality, amputation, hospitalization). Ideally, those types of incidents will not occur, but since the timeframe to report is 24 hours or less, discussing who’s responsible ahead of time can save both the staffing company and their client time and confusion.
4. Worksite Walkthroughs
As a joint employer, the staffing company should be able to maintain the right to do walkthroughs of the worksite to verify working conditions are safe. Work environments can change quickly and without notice, so it’s important to periodically visit host clients and check on the safety of the temporary employees. Having walkthroughs in the agreement allows staffing companies and host clients to have this conversation as the relationship begins, so there’s no confusion in the future as to why walkthroughs are being conducted.
Host client safety agreements also serve a purpose in the course of an OSHA investigation. In most cases, when a staffing company is pulled into an OSHA investigation, OSHA will request to see a copy of the client contract. They use this document when determining responsibility and citations.
- OSHA Temporary Worker Initiative & Client Selection Webinar
- The OSHA Recordkeeping Scramble
- OSHA Launches Initiative to Protect Temporary Workers
- OSHA Emphasizes Joint Responsibility Between Temporary Staffing Firms and Clients
- OSHA Penalties to Increase Up to 80% in 2016
- OSHA 10 and 30-Hour Trainings
- OSHA Issues New PPE Guidance for Temporary Staffing Firms
- Safety E-Book
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