TEMPORARY AND

VULNERABLE WORKERS

WITC-Safety Day

Rice Lake, WI

April 8, 2014

Mary Bauer CIH, CSP

Compliance Assistance SpecialistEau Claire, WI 54701 715-832-9019 bauer.mary@dol.gov

MY BACKGROUND Mary Bauer Eau Claire Area OSHA Office

Compliance Assistance Specialist (CAS)

1310 West Clairemont AveEau Claire, WI 54701

715-832-9019 bauer.mary@dol.gov

Compliance Officer for 20 Years CAS for 8 Years All in Eau Claire Area Office CIH: Certified Industrial Hygienist CSP: Certified Safety Professional

TAKE AWAYS Bigger Picture of Temporary Workers

Understanding of a “Vulnerable” Worker

Similarities and Differences between a permanent hire and temporary worker

Shared Responsibilities for Safety Training

Requirements/Best Practices

INITIATIVE VS. EMPHASIS PROGRAM No Inspection Targeting CSHOs will inquire if site uses Temp

Workers Collecting Info: Coded and Tracked OUTREACH

Memo Highlight ConcernsWorking w/ Stakeholders to Increase

Awareness Identifying Best PracticesDeveloping Outreach Material

OSHA’S RECENT MEMO Protecting the Safety and Health of Temporary Workers

4/29/13

Called Attention to Higher Accident Rate for Temps

“…citing Bacardi Bottling Corporation following the death of a 21-year old temporary worker on his first day on the job.”

"A worker’s first day at work shouldn’t be his last day on Earth. We are seeing untrained workers – many of them temporary workers – killed very soon after starting a new job. This must stop," said Michaels. "Employers must train all employees, including temporary workers, on the hazards specific to that workplace – before they start working. Had Bacardi done so, this tragic loss of life could have been prevented."

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28613

“I WANTED HIM TO QUIT,” CARBOT, SPEAKING IN SPANISH, SAID. “BUT, AT THE SAME TIME, WE KNEW HE HADN’T FOUND ANOTHER JOB YET, AND EXPENSES CONTINUED, UNFORTUNATELY, AND HE HAD TO WORK.”

A man is burned by scalding water and citric acid at work. No one rinses him off or calls 911. Instead, his boss sends him to a small clinic and they finally send him to the hospital. He arrives 98 minutes later.

Carlos Centeno, 50, died three weeks later on Dec. 8, 2011.

DEFINITIONS: TEMPORARY WORKER The term "temporary worker" is broadly

defined. Per the Bureau of Labor Statistics, temporary workers are those who are paid by a temporary help agency, whether or not their job is temporary. For the purposes of this memorandum and the new coding, temporary workers are those supplied to a host employer and paid by a staffing agency.

Per USDOL-OSHA 4/29/2013 Memo

“Protecting the Safety and Health of Temporary Workers”

WHY DO COMPANIES RELY ON TEMPORARY EMPLOYEES? “Temps for Hire”: Screening Process for new ees Part Timers Limited Employment: University Work Study Prog To fill in for sick, injured, vacationing employees

Summer Help To fill gaps during short-term peaks in production

Christmas Agriculture

Temporary labor may costs less. Full time help is not available Limits a company’s liability to an employee.

DEFINITION: VULNERABLE WORKER

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HARD TO REACH WORKER Vulnerable worker, also called “hard-to-

reach” worker, could be described as a worker that possesses any of the following characteristics: low-wages, limited education, language-barrier, foreign-born, youth or older worker, temporary employment, day laborer, migrant or seasonal work.

Crew Leaders “Human Trafficking” Illegal Sweatshops

HUMAN TRAFFICKING

UNITED KINGDOM’S DEFINITION:

A vulnerable worker is defined as “someone working in an environment where the risk of being denied employment rights is high and who does not have the capacity or means to protect themselves from that abuse”. It goes on to say that whilst “a worker may be susceptible to vulnerability…that is only significant if an employer exploits that vulnerability”.

ELECTRONIC RECYCLER Employees were tearing

about electronics for recycling.

Lead, cadmium exposures.

Full-time employees were provided different PPE from Temporary workers Respirators, tyveks, heavy work

gloves.

Employer’s rationale was to save money “...because so many don’t stick around long”.

FOUNDRY Employees being exposed

to heavy toxic metals and carbon monoxide.

Employees required to wear ½ face elastomeric respirators equipped with cartridges.

Only full-time employees were medically evaluated and cleared for respirator use, temporary workers were just given a respirator.

Employer explained it was due to cost of the medical evaluations.

MEATPACKING Employer was only recording injuries for

“their employees”, which was management, so injury rates were very low (1 or 2 per year).

Temporary worker injuries numbered over 50 a year, sometimes up to 100. Went unrecorded.

When confronted, employer blamed a bilingual employee, who had no OSHA recordkeeping experience or training, for not recording the injuries on a log.

CONSTRUCTION Temporary workers first day on the job. Told to clean up an area, alone. Previous day a hole was cut in the floor

for HVAC equipment, employee not aware.

Employee removed the sheet of plywood covering the hole and fell over 27 feet to his death.

EXAMPLES OF TEMPORARY OR VULNERABLE WORKERS Staffing Agency workers Other ‘atypical workers’ (for example casual

workers and some freelancers) “1099” Day Laborers Young workers Older Workers Homeworkers Unpaid family workers Recent migrantsMore likely to face extreme discrimination, dangerous working conditions and a range of other abuse – including forced labor

REMEMBER YOUR FIRST DAY ON THE JOB? Sounds Smells Close Calls Learning New Tasks Needing to be told a number of times Overwhelmed

UNDERCOVER BOSS

FOUR-STEP TRAINING PROCESS

Involve ThemInvolve Them

Tell ThemTell Them

Show ThemShow Them

Coach ThemCoach Them

ADULT COMPREHENSION LEVELS Tell Them…They Listen

They remember 20%

Show Them…They Watch They understand 35-45%

Involve Them…They Do They absorb 75-80%

Coach Them…They’ll Never Forget

EFFECTIVE TRAINING Video clip

BRETT FAVRE – AARON RODGERS Mentoring….maybe not so much… Allowing to Mature or gain Experience to

become extremely Effective? Not thrown to the wolves.

MANAGEMENT OF CHANGE

PROBLEMS EXPERIENCED: Unsafe Workplaces

Untrained: Not Familiar with Hazards More Hazardous Tasks (Intrinsically Haz Jobs) Unaware of Rights Unaware of How to Address Concerns Peer Pressure – Poor Examples

Host doesn’t Pay Workers Compensation Illegal / Unfair Deductions from Paycheck Limited Leave Benefits Low Pay Insecurity of Work

SAFETY FIRST?If you were ONE paycheck from being homeless, what would you put up with?

FACTORS THAT INCREASE RISK: Inexperience of a youth, temporary or

migrant worker in that trade or occupation Eagerness to please the supervisors Assigned work not appropriate for skills or

training Take on unassigned tasks to impress the

supervisors Misunderstanding the job assignment Lack of supervision Lack of training Use dangerous tools or equipment

HOW BIG IS THE PROBLEM? OSHA-300 Logs are kept by the Host

Employer Staffing Service Pays the Worker

Compensation Staffing Services TCR/DART rates low

but high Workers Compensation Rates. Hard to connect Temporary Employee

Injuries and Illnesses to a “rate” or “number”

Temporary Workers – Same Rights

You have the right to:◦ A safe and healthful workplace ◦ Know about hazardous chemicals◦ Information about injuries and illnesses in your

workplace ◦ Complain or request hazard correction from

employer ◦ Training◦ Hazard exposure and medical records◦ File a complaint with OSHA◦ Participate in an OSHA inspection◦ Be free from retaliation for exercising safety and

health rights

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11( c) Rights Upheld for Temps

Host/Client, supervising the temporary worker, has been held responsible for making a temporary employee “whole” if the Host declines having that worker back after a safety complaint.

Staffing Agency can be held responsible if the temporary worker is not found work “because they complain about safety”

Can be a shared responsibility-typically holds the Staffing Agency responsible since the paycheck is from the employer.

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JOB DESCRIPTION Good Job Description includes:

Example tasksPPE requirementsSafety requirements (e.g. attend

safety orientation)Exclusions (e.g. no operation of

press brake)Additional hazards (e.g. confined

spaces)

POSSIBLE PROHIBITED JOBS/INDUSTRIES

Unsupervised JobsRoofingTrenchingHazardous wasteBiological wasteFoundry (pours)

Prohibited jobs can be determined by either the PEO/Staffing Agency or its Insurance Carrier.

BEFORE PLACEMENT – ASSESS CLIENT Safety Training Safety Reviews Job Description/Prohibited Jobs OSHA Establishment Search

www.OSHA.govStatistics Inspection DataEnter Company NameState

CLIENT RISK ASSESSMENT Assessment of client’s WC

history

Description of business operation

List of states (operating)Copy of 3-yr loss run (minimum)OSHA reportsCopy of existing safety

manual(s)

POSSIBLE SAFETY QUESTIONNAIRE1. What safety training did you

receive by the host employer prior to starting job?

2. Are you required to wear any personal protective equipment? If so, was it provided?

Associate Safety Appraisal or Feedback Survey

POSSIBLE SAFETY QUESTIONNAIRE (CONTINUED)

3. Are you currently performing the job functions as described to you by our staff?

4. Do you feel that there are any unsafe aspects or hazards associated with your job? If so, please explain.

OSHA REQUIREMENTSTo whom do the following OSHA requirements apply?

RecordkeepingFinesMedical surveillanceSafety Training

(General and Specific)

RECORDKEEPINGWhoever provides day-to-day supervision of the employee is responsible for recordkeeping.

Must record the injury or illness BUT the host employer COUNTS the temporary employees’ hours into their total hours worked for that year!

FINES

Fines may be levied to the host employer and/or staffing agency/PEO (Professional Employment Organization) depending on the circumstances.

MEDICAL SURVEILLANCE

When medical surveillance or monitoring is necessary, the host employer must offer and perform this requirement.

MEDICAL SURVEILLANCE (CONTINUED)

The staffing agency/PEO must ensure that the records of the required medical surveillance or evaluations are maintained in accordance with the appropriate OSHA standards.

SAFETY TRAINING What is the general rule for generic

training? The staffing agency/PEOs are expected to

provide some generic training.

“Provide appropriate training in a language and vocabulary that workers understand.”

SAFETY TRAINING (CONTINUED)Who is responsible for site specific training?

The host employer must still certify that the required training has been provided "when the employee has demonstrated proficiency [to the employer] in the work practices involved."

SAFETY TRAINING (CONTINUED)

General

1. Safe lifting practices 2. Ergonomics 3. Personal protective equipment4. Electrical safety5. Machine guarding6. Fall hazards and protection7. Chemical hazard communication

PPEWho is responsible for PPE? Host employer is responsible for providing PPE for site-specific hazards to which employees may be exposed. PPE can be a contractional issue between the host employer and staffing agency/PEO, but enforcement is the responsibility of the host employer.

BEST PRACTICES Assign a “mentor” to Temp Worker. Introduce the Worker and involve them

in the work environment. (Not just a warm body)

Document Training &/or Demonstration of JSA or Safety Topics.

Worker has an “OSHA-10 Card” to accomplish generic training.

MENTORING BENEFIT: TEACH OTHERS

ACCLIMATED TO THE WORK Can’t expect a worker to perform at

100% efficiency on “day one”. “Work Hardening”

Previous employment may have been sedentary vs. physical activitySittingStanding Lifting Heavy ItemsRepetitive Lifting

May not be use to the length of the – shift particularly if > 8 hours

NON-ROUTINE PROJECT/TASKS If a non-routine project or task requires

additional workers or a different skill set, should you take on the responsibility of the task and safety?

When do you hire a “professional” or contractor that specializes in that work?Snow Removal RoofsRoof RepairConfined SpaceRemodeling

SUMMARY Temporary and Vulnerable Workers are

part of the workforce. Employers have the choice on how they

treat the workers. OSHA expects host employer to treat

temporary worker as though the worker was a New Hire i.e. Training.

Work w/ the Staffing Service to accomplish adequate training.

Provide Job Descriptions, JSA, and list of Prohibited Jobs.

RESOURCE: “YOU TUBE”

RESOURCES

April 29, 2013 Temporary Worker Imitative Announcement http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23994

OSHA Recordkeeping Requirement-Q&A Temp Worker http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=12775

Feb. 2, 1994:HazCom, PPE and Medical Monitoring http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=21393

April 30, 1996Employer Safety Program & Incentive: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=22156&p_table=INTERPRETATIONS

November 21, 2012: HazComm & Recordkeeping http://www.osha.gov/pls/oshaweb/owadisp.show_doc

ument?p_table=INTERPRETATIONS&p_id=28598

QUESTIONS

MULTI-EMPLOYER WORKSITE POLICY CPL 02-00-124 - CPL 2-0.124 - Multi-

Employer Citation Policy.

12-10-99

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2024

IT’S EVERYONE’S PROBLEM!!! Creating

Who removed the electrical cover?

ExposingWho’s Employees Used the box?

CorrectingWho Was to Provide Safe electrical?

ControllingWho Has Oversight/Authority for The

Project?