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Temporary Workers

OSHA has just released two more guidance documents relating to safety and health training and hazard communication. Temporary Worker Initiative (TWI) Bulletin No. 4 – Safety and Health Training and Temporary Worker Initiative (TWI) Bulletin No. 5 – Hazard Communication.

OSHA has just released two more guidance documents relating to safety and health training and hazard communication. Temporary Worker Initiative (TWI) Bulletin No. 4 – Safety and Health Training and Temporary Worker Initiative (TWI) Bulletin No. 5 – Hazard Communication.

Under its hazard communications guidance, OSHA states that both the host employer and the staffing agency share responsibility to ensure temporary workers are informed and trained regarding exposure to hazardous chemicals. Similarly, under its safety and health training bulletin, OSHA emphasizes the shared responsibility host employers and temporary agencies have for providing proper training. OSHA also confirms that the party who supervises the temporary employee’s work must comply with OSHA’s injury and illness recordkeeping and reporting requirements for temporary workers.


Other highlights from OSHA’s most recent guidance include the following:

  • OSHA recommends that the staffing agency and host employer contractually specify the division of responsibilities to ensure alignment between the staffing agency and host employer, but notes that neither can contract away compliance obligations.
  • In most cases, the host employer is responsible for site-specific training and hazard communications; whereas the staffing agency is responsible for generic safety and health training (including hazard communications training).
  • Although the host employer is usually responsible for site-specific training because it is often in the best position to provide such training, the staffing agency is responsible for ensuring that employees receive proper site-specific training, and must have a reasonable basis for believing that the host employer’s training adequately addresses the potential hazards to which employees will be exposed at the host employer’s worksite.
  • While the staffing agency may have a representative at the host employer’s worksite, the presence of that representative does not transfer responsibilities for site-specific training to the staffing agency.
  • Training provided to temporary workers should be identical or equivalent to the training given to the host employers’ own employees.

As this newly published guidance makes clear, fulfilling this shared responsibility for temporary worker safety requires thoughtful coordination between staffing agencies and host employers. While host employers will typically have primary responsibility for training and communication regarding site specific hazards, staffing agencies must make reasonable inquiries to verify that the host employer is meeting these requirements.

FMCSA and Safety Fitness Standard

 

On January 15, 2016, the Federal Motor Carrier Safety Administration (FMCSA) issued a proposed safety fitness determination rule that would use data from agency and roadside inspections and investigations, or both, in evaluating on a monthly basis whether a carrier is fit to operate. The proposed rule would replace the current three-tier federal SafeStat rating system of "satisfactory, conditional or unsatisfactory" for carriers to a single determination of "unfit," which would require the carrier to either improve or cease operations.

A carrier could be proposed unfit by failing two or more Behavior Analysis and Safety Improvement Categories (BASICs) through inspections or investigation results, or a combination of both, the agency said. Once in place, the rule will permit FMCSA to assess the safety fitness of approximately 75,000 companies a month using the agency's Compliance, Safety, and Accountability program's safety measurement system methodology. Currently FMCSA investigates approximately 15,000 motor carriers annually. The proposal will be available at
www.regulations.govat docket number FMCSA-2015-0001.

The initial comment period has been extended until May 23, 2016
.

Please take a moment to review the FMCSA links below. The informational webinar link provides a good overview of the Safety Fitness Determination NPRM.


Safety Fitness Determination (SFD) Notice of Proposed Rulemaking (NPRM) Resources:

FMCSA calculator for motor carriers to determine how the proposed rule would impact them:

If you have any comments or questions please contact ISRI Transportation Safety Director Commodor Hall at (202) 662-8519.


22 Comments

  1. 22 Eric Rollins 17 Oct
    Companies have to give MSDS (Material Protection Information Sheets) that tell all components in all components used and adverse reactions etc. All dangerous substance documents have to be generated available to the workers. All substances which are mentioned at Dissertation Writing Services, such as primary cleaning solutions, have to have decals on them that may say whether they are harsh, intense, etc. If items are shifted from the primary package into something else, that package needs to also be branded. The staff member has the right to know what they are operating with and do have the right to reject to operate if they experience that their job place could be dangerous. There's more, but I think I've tried to clarify enough, It relies on situations you are in and the labor laws.
  2. 21 AndrewMorton 09 Nov
    Safety management controls implies the systems, arrangements projects, practices, and methodology utilized by an engine bearer to guarantee consistence with relevant wellbeing and risky materials directions which guarantee the sheltered development of items and travelers through the transportation system, and to decrease the danger of interstate mischances and unsafe materials occurrences bringing about fatalities, wounds, and property harm. Writing Services UK | AssignmentEmpire
  3. 20 Jordan Young 16 Nov
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  4. 19 victoria keating 31 May
    Primero me enfocaría en las empresas estadounidenses que necesitan el suministro externo. De esta forma, reduciría las características y las situaciones en las que una empresa debería contratar an un trabajador extranjero. Por lo tanto, tendría una lista controlada de empresas que sé que deberían contratar residentes Custom Dissertation Help estadounidenses y no estadounidenses.
  5. 18 Alhena Martin 14 Jun
    I need to get safety and health training may someone me from where I can get best training class by any professional trainer. Because this is my last semester and I am doing my business law assignment hnd after complete my this education. I will do study about health and safety because I want to become a health safety consultant.
  6. 17 Stephen Hawking 21 Jun
    The general impact of these controls is that office laborers are qualified for an indistinguishable fundamental business and working conditions from on the off chance that they had been enlisted straightforwardly, if and when they finish a qualifying time of 12 weeks in a similar activity.
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  8. 15 Mike Murphy 24 Jun
    Temporary work or brief business alludes to a work circumstance where the working course of action is constrained to a specific timeframe in light of the necessities of the utilizing association. I am also a temporary worker at Dissertation Writing
  9. 14 Sophie bell 03 Aug
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  10. 13 Jack 06 Aug
    Thanks for sharing guidance documents relating to safety and health training and hazard communication that I found helpful for medical students who are getting dissertation help in UK from the expert at Quality Dissertation. They would sure love to refer most recent guidance provided by OSHA on Temporary Worker Initiative
  11. 12 Ida Wallace 16 Aug
    Delighted to read here highlights from OSHA’s most recent guidance which require the division of farm duties to ensure alignment between the staffing agency and host employer, but notes that neither can contract away compliance obligations. I think this guidelines are also helpful for those students who are learning in medical or nursing field whom I am serving assignment writing help at Assignment Help Folks - http://www.assignmenthelpfolks.com/ covering various subject such as nursing, marketing, business, economics, and finance in Australia with pass guarantee.  
  12. 11 Alyysa 16 Aug
    This I just read about temporary worker initiative as safety and health training as it focuses on obedience with safety and health requirements when temporary workers are working under the joint employment of a staffing agency. The students who are receiving assignment help Sydney from the Secure Assignment Help would sure love to work in such organization who think about their employee by taking such initiative.
  13. 10 Grant 19 Aug
    Defining your employment status is essential for the creation of relevant documentation, such as contracts, and it’s fundamental to determining your tax liabilities. Without the right definition you could face costs associated with the latest IR35 rules, as well as forgo other benefits associated with your employment type. These days checking your employment status requires much more than distinguishing yourself as employed or self-employed. We have this at Double Glazing Glasgow in Scotland too.
  14. 9 Catherine Smith 19 Aug
    “The contractor determines how the work is done, and where it is done. The contractor may hire a substitute to do the work for them. If you want to stay outside IR35, you need to bear this definition very much in mind. IR35 is a piece of tax legislation introduced in April 2000 that treats some contractors as employees for tax purposes – it’s expensive. Avoiding IR35 is certainly possible, and many contractors do so. When contractors cease to control their own businesses, they normally fall inside the IR35 tax legislation and although they still call themselves ‘contractors’, the HMRC considers these workers as ‘disguised employees’ and taxes them accordingly.” - We did this at Abogados de accidentes 
  15. 8 Shaun Weller 19 Aug
    The premise of both a temporary worker and contractor’s work is the same – each accepts assignments on the basis that they will not become a permanent employee. A temporary worker’s assignments, payment and wider workload tends to be controlled by an agency. Like independent contractors, temporary workers can work on several assignments at any one time and even engage with multiple agencies to undertake work. This may however complicate their tax situation. - Notary Public London

  16. 7 Steven Parker 19 Aug
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  17. 6 Eric 19 Aug
    If your business's staffing needs are seasonal--for example, you need extra workers during the holidays or during busy production periods--then temporary employees could provide the flexibility you need to grow. Temporary employees, as the name indicates, are hired only for limited periods of time. So they are only there when you need them for specific growth spurts.


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  18. 5 Eric 19 Aug
    If your business's staffing needs are seasonal--for example, you need extra workers during the holidays or during busy production periods--then temporary employees could provide the flexibility you need to grow. Temporary employees, as the name indicates, are hired only for limited periods of time. So they are only there when you need them for specific growth spurts.


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  19. 4 JohnAshton 03 Sep
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  20. 3 allisonlucas 10 Oct
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