Workplace Safety: Rules and Responsibilities When Working With Temporary Workers
On Demand Webinar Credit CLE, HR Certification Institute, NASBA, SHRM
Gain an understanding of OSHA/MSHA temporary worker and independent contractor protection and enforcement programs.
The U.S. Department of Labor’s definition of independent contractor has been in a state of flux between the Obama/Trump/Biden administrations and this can create confusion about classification of workers and the responsibilities that the host employer has under the Occupational Safety & Health Act, the Mine Safety & Health Act, and implementing policies. Both agencies also provide for situations where an employer can be dually cited along with staffing agencies or contractors, with penalties of up to $136,532 (OSHA) or $274,175 (MSHA) per violation. Injuries impacting third-party workers – temps, independent contractors, and day laborers – can also trigger tort liability against the host employer or general contractor in the millions of dollars. This topic will provide the most current guidance from OSHA/MSHA on their temporary worker and independent contractor protection and enforcement programs and offer tips on how to protect everyone at the worksite, manage compliance, and mitigate liability.
- You will be able to recognize the different categories of workers - temporary workers, employees, and independent contractors, and OSHA’s expectations for protecting them all.
- You will be able to discuss tort liability exposure involving temporary workers and related workers’ compensation and indemnification issues.
- You will be able to explain best practices for effectively managing temporary workers daily and during OSHA inspections, to avoid liability and penalties.
- You will be able to identify which OSHA standards and U.S. Department of Labor laws are implicated in managing temporary workers and responding to allegations of worker misclassification.
- Definitions of Employee, Temporary Worker and Independent Contractor
- Recent U.S. Department of Labor Changes in Independent Contractor Rules
- Why Worker Classification Is Important Legally for OSHA/MSHA Purposes
- Training Issues
- Personal Protective Equipment
- Hazard Communication and Recognition
- Supervision and Control Issues
- OSHA's Multi-Employer Citation Policy
- Onboarding, Training and Documentation
- Addressing Respirators, Occupational Health and COVID-19 Issues for Temps
- Legally Effective OSHA Inspection Tips for a Multi-Employer Worksite
- Tort Liability and Workers' Compensation Considerations
Who should attend?
In Patnership with Lorman
- President of the Law Office of Adele L. Abrams P.C., in MD, CO and WV; www.safety-law.com
- Practice emphasizes all aspects of occupational safety and health and employment law
- Conducts regular seminars and workshops on numerous OSHA, MSHA, and human resource issues
- Wrote several publications related to the areas of occupational safety and health and employment law and hosts the podcast “Ask the Safety Lawyer” on the Safety Justice League channel
- Memberships include ASSP, NSC, and ABA
- J.D. degree, George Washington University; B.S. degree, University of Maryland