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February/March 2016  Volume 26, Number 1        
 

This Just In ...

"A host employer” is responsible for reporting injuries to temporary workers, says OSHA. In an October 2015 interpretation letter, OSHA clarified that the “host employer” must record injuries and illnesses of temporary workers if it supervises them on a day-to-day basis. The letter states: “OSHA’s injury and illness recordkeeping regulation at 29 CFR 1904.31(a) requires employers to record the recordable injuries and illnesses of employees they supervise on a day-to-day basis, even if these workers are not carried on the employer’s payroll. Section 1904.31(b)(2) further clarifies that the host employer must record the injuries and illnesses of temporary workers it supervises on a day-to-day basis.”

In this instance, the temporary employment agency handled orientation, training and all personnel matters, including vacation/leave requests, reporting injury/illness, compensation and benefits, corrective action/discipline, and drug screening. It also provided onsite supervision for its employees 24 hours per day, five days per week.

Despite this, the fact that the host employer assigned daily tasks to the temporary workers made it responsible for recording injuries and illnesses. If you are unsure which recordkeeping and reporting responsibilities and other OSHA compliance rules apply to your business, please contact us for assistance.

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In this issue:

This Just In...

Physician Choice: Whose Right Is it?

How Medicare Works with Your Medical Benefits

What is a Flexible Spending Account?

Study: Employers Do Not Understand OSHA’s Recordkeeping Requirements

 


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