By Ruth Kiefer, Loss Control Manager, MSc, ARM

As our economy is ramping back up, and our facilities are becoming busy again, the decision to hire permanent workers or use temporary workers is a factor that you must debate. When reviewing this decision, you should be aware of MIOSHA’s new initiative regarding temporary workers and what your responsibilities are as an employer.

MiOSHA considers both host employers and staffing agencies are responsible to comply with the workplace health and safety requirements. The key is to ensure that the staffing agency has conducted a general safety and health training to determine what is missing. The host employer is responsible for providing specific training tailored to the particular workplace hazard or equipment operation. The key is communication between both the agency you’re working with and you the host employer to ensure that the necessary training is provided.

Since staffing agencies are not experts on your specific workplace hazards, nor does MIOSHA believe that they should become experts on your specific hazards, but they should be aware of the workplace conditions of your facility, what hazards are present, or may be encountered by their temporary workforce and how you plan on protecting them.

MIOSHA firmly believes that the host employer must treat the temporary worker like any other workers in terms of training and hazard protection. This is also stated in MIOSHA Act 154 Rule 408.1005 that defines “employee” as a person permitted to work by an employer” and “day to day supervision” as when the employer “supervises not only the output. Product, or result to be accomplished by the person’s work, but also the details, means, methods, and processes by which the work objective is accomplished.”

What does this mean for you? It means, that if you decide to use temporary workers as your workforce, MIOSHA considers them to be under your supervision, therefore if they are injured at your facility, you are also open to compliance violations if the injury results due to inadequate training or protection of the temporary worker.

Just be aware, that the adage “I only hire experienced workers” is no longer is accepted by a compliance officer, they believe even experienced employees need training too. The host employer by law can’t assume experienced personnel know “what to do or how to do it.” It is the host employer’s responsibility to verify the newly assigned employee can do the job as intended or expected, in a safe manor.

Therefore, we are stressing communication and developing a partnership as the key to success between you and your staffing agency to provide a safe work environment for them and your full time employees. It’s also important that your staffing agencies understand your facility and what you do. This will keep both your temporary workforce and your permanent workforce on the same page regarding safety and expectations in safe work practices that you have already established.

If you have any questions regarding this new initiative, please contact your loss control consultant for more information or help identifying training gaps.