When a company hires a contract employee or temporary worker through a staffing firm, there is a situation of joint responsibility. Both the recruitment agency and the host business are considered joint employers. This can make for some complicated and cloudy procedures when it comes to documentation about injuries and illness on the job. Since it’s often the host business’s responsibility, it’s important to be clear and transparent during these situations, as well as communicate with the staffing agency every step of the way. Here are the nuts and bolts of documenting injuries and illnesses with OSHA’s TWI.
Responsibility
When a temporary worker is injured, only one company needs to document the situation. Typically, this falls under the construction firm’s responsibilities, but there are some exceptions. If the host employer supervises the employee on a day-to-day basis, then it is responsible for injury. OSHA’s definition of day-to-day supervision includes management of the “details, means, methods and processes by which the work is to be accomplished.”
Penalties
More and more frequently, staffing agencies market themselves as the responsible party to construction firms. In other words, these agencies offer responsibility to injury or illness as a part of their staffing packages. However, many of these opportunities go against OSHA rules. Not only could your construction company wind up footing the bill anyway, but you could also face hefty fines and fees.
Recordkeeping
The assumption is that if your construction company is conducting daily supervision, then it is responsible for the potential hazards and dangers on a job site. Even if the staffing agency has a representative on the job site, it’s still the supervising entity that takes responsibility. That’s the key – who is supervising the temporary worker? The staffing agency or the construction company? In most cases, it’s the host employer, which is why the responsibility for injury is on you, not the firm who placed the worker.
It’s important to understand your rights and responsibilities as an employer, especially when it comes to temporary and contract workers. The laws and regulations are strict, and they are also changing. The specifics of OSHA’s TWI are just one area where employers need to be proficient. With more than a decade in the staffing industry, CCS Construction Staffing can guide you through the ins and outs of hiring contract labor. We can keep you aware of your responsibilities and compliant with regulations. Contact us today!