Reducing Hazards to Temporary Workers and OSHA in Texas Employment Law

An enforcement initiative was launched years ago by the Occupational Safety and Health Administration (OSHA) focusing on the improvement of safety measures for temporary workers. This is very significant for Texas businesses to understand.

OSHA defines “temporary workers” as workers that are supplied to a host employer and paid by a staffing agency. This applies whether the worker’s job is temporary or not. OSHA’s enforcement initiative focuses on identifying temporary workers, evaluating whether they are exposed to any safety hazards, and determining if they have received proper training and protection.

OSHA has made protecting temporary workers a high priority through its Temporary Worker Initiative, focusing on the premise that staffing agencies and host employers are "joint employers" responsible for workplace safety. From an employers outside counsel perspective, this means that even if a staffing agency hires and pays the worker, the host employer is generally responsible for providing site-specific training, personal protective equipment (PPE), and a work environment free from recognized hazards. OSHA’s view is that temporary workers are often more vulnerable and placed in higher-risk jobs, often receiving inadequate training compared to permanent staff. Consequently, simply relying on a staffing agency to provide safety training is not a defense against OSHA citations if the host employer has not verified training effectiveness or if hazards are not mitigated.

To effectively reduce hazards and minimize liability, host employers must integrate temporary workers into their safety programs as if they were their own employees. This involves providing detailed, site-specific hazard communication, training in a language the worker understands, and ensuring the same, if not more, supervision as permanent staff. From an outside counsel perspective, it is critical to address these responsibilities clearly in contract agreements with staffing agencies. Both parties should define who is responsible for specific training, PPE, and recording injuries on OSHA logs to avoid gaps in safety. Regular communication regarding site-specific hazards and prompt notification of injuries is imperative for compliance.

OSHA is clear that employers cannot avoid their obligations under the OSH Act by shifting responsibilities to a third-party staffing agency. If an investigation reveals that a temporary worker was exposed to hazards, both the agency and the host employer can be cited. To avoid such consequences, employers should conduct thorough hazard assessments before bringing in temporary workers and ensure they are not tasked with high-risk work without proper training. Taking proactive steps to integrate safety measures, document all training, and maintain a safe, collaborative relationship with the staffing agency helps minimize risk and protects the workforce.

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