Employer Resource · Workplace Safety
Shared responsibility starts before day one.
Temporary worker safety is a shared responsibility between the staffing agency and the host employer.
A temporary worker is typically hired and paid by a staffing agency but performs work at a host employer’s location. Both organizations influence the conditions the worker encounters, which is why OSHA considers staffing agencies and host employers joint employers of temporary workers for workplace safety purposes.
That does not mean the two carry identical duties. The staffing agency typically places the worker with the host employer, maintains the employment relationship, and has a duty to inquire into conditions where its employees are assigned. The host employer generally controls the physical workplace, daily work, equipment, and site-specific hazards. Responsibilities can overlap, and the exact division depends on the workplace, assignment, hazards, and degree of control each employer has over the work.
Temporary worker safety responsibilities should be clear before the assignment begins.
Temporary worker safety responsibilities at a glance
Responsibilities are fact-specific, but OSHA guidance provides a practical framework for how staffing agencies and host employers may divide and coordinate their roles.
The table below summarizes common responsibilities described in OSHA guidance. The exact allocation depends on the facts of each workplace and assignment.
| Staffing agency | Host employer | Shared |
|---|---|---|
| Asks about workplace conditions and understands the actual assignment | Is generally in the strongest position to identify and control site-specific hazards within the workplace it operates | Coordinate and clarify responsibilities before day one |
| May provide general safety and health training | Provides site-specific and equipment-specific training required for the workplace and assignment | Coordinate to confirm that required training and protections are addressed |
| Inquires into worksite conditions and verifies that the host has addressed applicable safety responsibilities | Provides appropriate safety and health protections | Respond to reported hazards and concerns |
| Maintains the employment relationship and follows up during the assignment | Treats temporary workers like other workers | Revisit the plan when duties materially change |
| Addresses applicable recordkeeping responsibilities | Communicates changes in duties or conditions | Coordinate on injury reporting and applicable recordkeeping requirements |
Swipe the table sideways to see all three columns.
The practical takeaway: General training, site-specific training, hazard communication, reporting, and follow-up should not be left to assumption. The staffing agency and host employer should know who is handling each responsibility before work begins.
OSHA treats temporary worker safety as a joint responsibility
OSHA’s Temporary Worker Initiative explains that staffing agencies and host employers are jointly responsible for maintaining a safe work environment for temporary workers.
That responsibility may include:
- Safety and health training
- Hazard communication
- Personal protective equipment
- Recordkeeping
- Reporting procedures
- Protection from workplace-specific hazards
OSHA recommends that both parties clearly establish their respective safety responsibilities, and it evaluates the facts of each workplace and assignment when determining whether each employer met its obligations. A written agreement is where that conversation starts, not a substitute for it.
What is the staffing agency responsible for?
A staffing agency is not expected to operate the host employer’s facility or become the technical expert on every piece of equipment at the site. It is expected to ask questions and take reasonable steps to understand the conditions in which its employees will work.
Providing general safety and health training
A staffing agency may provide safety education that applies across different assignments and workplaces: recognizing common hazards, following authorized work instructions, using required personal protective equipment, asking questions when a task is unclear, reporting injuries and concerns, and understanding worker safety rights.
General training does not replace the site-specific instruction needed for the actual workplace and equipment. OSHA gives this as one example of how responsibilities may be divided: the staffing agency may provide general safety and health training, while the host employer provides training tailored to the specific workplace equipment and hazards.
Asking about workplace conditions
OSHA says staffing agencies have a duty to inquire into conditions at the workplaces where their employees are assigned. Useful questions are specific to the work:
- What tasks will the temporary worker perform?
- What equipment will the worker use?
- What hazards are associated with the assignment?
- What personal protective equipment is required?
- Who will provide site-specific training?
- How will the host verify that training was completed?
- How should the worker report an injury or unsafe condition?
- Could the worker’s duties change after the assignment begins?
The goal is not to complete a checklist. It is to understand the work well enough to identify unclear responsibilities before the worker arrives.
Taking reasonable steps to review the work environment
OSHA says staffing agencies need not become experts on every specific workplace hazard, but they should determine what conditions and hazards exist and take reasonable steps to make sure workers receive the necessary training, equipment, and protections. A pre-assignment review can surface differences between the role that was requested and the work that will actually be performed.
What is the host employer responsible for?
The host employer generally has direct control over the physical workplace and the way work is performed there, which puts it in the strongest position to identify and control site-specific hazards.
Providing site-specific training
OSHA explains that host employers may provide training tailored to the particular workplace, equipment, and hazards. Depending on the operation, that may cover:
- The worker’s authorized duties
- Equipment operating procedures
- Machine hazards and safeguards
- Pedestrian and powered-equipment traffic
- Emergency procedures
- Required personal protective equipment
- Chemical or material hazards
- Restricted areas and escalation procedures
Training should be understandable to the worker and relevant to the work that person will actually perform.
Treating temporary workers like other workers
Temporary status does not reduce a worker’s right to workplace safety protections. OSHA states that host employers must treat temporary workers like other workers in terms of safety training and health protections. A temporary worker performing comparable work should not receive incomplete training, unclear instructions, or reduced protections because of employment status.
Controlling hazards at the site
The host employer is generally in the strongest position to identify and address site-specific conditions such as machine guarding, workstation setup, forklift and pedestrian traffic, housekeeping, noise, heat exposure, materials and chemicals, emergency equipment, site access, and work methods. The staffing agency still has responsibilities to ask questions, understand the assignment, and verify that appropriate protections are being addressed.
What should happen before a temporary worker starts?
Some of the most important safety conversations happen before day one. Before the assignment begins, both employers should have a shared understanding of five areas.
- The actual job duties. A job title is not enough. Discuss the tasks the worker will perform, the equipment involved, the physical environment, and any duties the worker is not authorized to perform.
- The known hazards. The host employer communicates the hazards associated with the workplace and assignment. The staffing agency asks enough questions to understand those conditions and confirm the planned protections are clear.
- Training responsibilities. Determine who provides each type of training. In many situations the agency provides general safety and health training and the host provides site-specific and equipment-specific training. The precise division can vary, but it should not be left to assumption.
- The reporting process. Workers should know how to report an injury, a near miss, an unsafe condition, missing or damaged protective equipment, an instruction that conflicts with the approved assignment, or a task they have not been trained to perform. Both employers should also know how they will communicate with each other when a concern is raised.
- Verification. Both parties need a reasonable way to confirm agreed protections are actually in place: a worksite review, written allocation of responsibilities, training records, worker follow-up, supervisor confirmation, corrective-action documentation, or periodic site contact. The purpose is not paperwork. It is to reduce the gap between what each organization assumes and what actually happens.
What happens when the assignment changes?
Even a well-planned assignment can change. Production demands shift, equipment changes, supervisors move workers between tasks, and a role described in the original staffing request can develop into something different after the worker starts.
A temporary worker should not simply be moved into an unreviewed task because another area needs help. When duties change materially, the staffing agency and host employer should review:
- Whether the new work falls within the agreed scope of the assignment
- Whether the worker has the necessary experience
- Whether the worker is authorized to perform the task
- What new hazards are present
- What additional training is required
- What personal protective equipment is required
- How the change will be communicated
- How the change will be documented
A change in duties can create a change in exposure. Assignment changes should not bypass the preparation that would have taken place if the new task had been part of the original request. OSHA’s recommended practices emphasize continuing communication and coordination between host employers and staffing agencies for exactly this reason. Silence is not confirmation that an assignment is running as planned.
How LINK approaches temporary worker safety
The framework above describes the questions employers and staffing agencies should address. The LINK 360° Safe Environment Program℠ provides LINK’s structured approach to many of those same needs before and during an assignment. Its eight documented components are:
- Pre-Assignment Site Safety Tour
- Client Site Correction and Safety Enhancement
- Robust Candidate Safety Testing and Training
- OSHA-Trained Recruiters
- Client Safety Training Webinars, on site presentations, multi site workshops
- Industry Certification Programs
- Train-the-Trainer Programs
- 24/7 Safety Ambassadors and Loss Control
- 1,200+Site safety tours conducted
- 8,000+Workplace hazards identified
- 1,000+Forklift drivers trained and certified
- 25+Train-the-trainer certifications issued
Certification offerings listed in LINK’s program materials include OSHA 10, forklift, and defensive driving. These are LINK’s published program totals, not a guarantee about the result of any individual assignment.
One component that directly supports this shared-responsibility approach is the Pre-Assignment Site Safety Tour. A site tour gives the staffing team a chance to examine the work environment, compare the requested position against the actual tasks, and identify unclear hazards or training expectations before workers are assigned. It does not replace the host employer’s responsibility to maintain its workplace, control hazards, or provide site-specific training. It helps both organizations begin with better information.
LINK Staffing supports employers in the Houston and Dallas-Fort Worth markets. Explore our office locations or contact LINK Staffing to discuss a workforce need.
Review safety responsibilities before your next temporary assignment
Before your next staffing request begins, review the work, the hazards, the training plan, and the responsibilities on both sides. Clarifying those responsibilities before day one gives both organizations a clearer basis for training, communication, and follow-up.
Learn more about the LINK 360° Safe Environment Program℠, or contact LINK Staffing to discuss your workforce needs.
Frequently asked questions about temporary worker safety
Who is responsible for temporary worker safety?
OSHA generally considers the staffing agency and host employer to be joint employers of temporary workers, and both have responsibilities for maintaining a safe work environment. The exact division depends on the workplace, assignment, hazards, and the control each employer has over the work.
Who provides general safety training to temporary workers?
The staffing agency may provide general safety and health training that applies across different workplaces. It should also inquire about workplace conditions and verify that necessary site-specific protections and training will be provided.
Who provides site-specific training?
The host employer is generally in the strongest position to train on its own equipment, processes, and hazards. OSHA gives this split as an example: general training from the agency, workplace-specific training from the host.
Should safety responsibilities be included in the staffing agreement?
OSHA recommends that staffing agencies and host employers clearly establish their respective safety responsibilities. A written agreement improves clarity, but the specific facts still determine each employer’s legal responsibilities.
What happens when a temporary worker’s duties change?
Materially different work should trigger a review of scope, experience, authorization, hazards, training, protective equipment, and documentation before the worker begins the new task.
Should temporary workers receive the same protections as permanent workers?
OSHA states that host employers must treat temporary workers like other workers with respect to safety training and safety and health protections.
This article provides general information and is not legal advice. Safety and regulatory responsibilities depend on the facts of each workplace and assignment. Employers should consult qualified safety and legal professionals regarding their specific obligations.
Sources
- OSHA: Protecting Temporary Workers
- OSHA: Communication and Coordination for Host Employers, Contractors, and Staffing Agencies