Human Resource & Labor News
www.agc.orgJuly 25, 2013 / Issue No. 4-13
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On the Inside
Regulations & Enforcement
New Secretary of Labor Confirmed; Confirmation of New NLRB Members Expected Soon
AGC Webinar Addresses Changes to Form I-9 and General Immigration Compliance
New OSHA Enforcement Focuses on Temporary Workers
HR Education & Networking
Why Should You Attend AGC’s 2013 Construction HR and Training Professionals Conference?
Labor Law & Labor Relations
Another Circuit Court Strikes Down AGC-Opposed NLRB Posting Rule
Court Finds NLRB Denied Contractor Association Due Process in Striking Down Applicant and Employee Referral Programs
Year-to-Date Collective Bargaining Settlements Yield First-Year Increase of 2.2 Percent
Labor Supply
AGC Wants to Know Whether You’re Facing Worker Shortages
Employee Benefits
AGC-Supported Efforts Lead to Delay of Affordable Care Act’s Employer Mandate
Employers Should Avoid Misclassifying Employees as Independent Contractors to Gain ACA Tax Credits
Employers Impacted by U.S. Supreme Court DOMA Ruling
Corporate Culture & Communications
AGC Webinar Shares Best Practices for Engaging Hispanic Workers in Construction
New OSHA Enforcement Focuses on Temporary Workers

On April 29, 2013, the Occupational Safety and Health Administration (OSHA) issued a memorandum to its regional administrators advising them of a new effort using enforcement, outreach and training to protect temporary workers from workplace hazards. The guidance is the result of a series of reports of temporary workers suffering fatal injuries during the first days on the job.

The memo advises regional administrators to direct compliance safety and health officers (CSHOs) to first determine, within the scope of their inspections whether any employees are temporary workers and whether any of the identified temporary employees are exposed to a violative condition.” Second, CHSOs “should assess – using records review and interviews – whether those workers have in fact received required training in a language and vocabulary they understand.” For purposes of this information gathering, OSHA is focused on temporary workers supplied and paid by a staffing (or “temp”) agency. An OSHA official confirmed to AGC in a recent conversation that the effort is not intended to cover directly hired temporary employees or employees managed by a professional employer organization (“PEO”).

Within OSHA’s Information System, the directive instructs CHSOs to flag worksites where any temporary employees are exposed to violative conditions. In addition, inspectors are now required to capture the name of the workers’ staffing agency, the agency’s location, and the extent to which the temporary workers are being supervised on a day-to-day basis by either the host employer or the staffing agency.

As a result of this new enforcement directive, construction contractors that use staffing agencies to supply temporary workers are advised to follow the guidelines outlined in the directive and document training provided to both temporary and regular workers. Employers should also evaluate the supervising structure under which temporary workers report in order to avoid any potential co-employer liability issues.
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