The Oregon Occupational Safety and Health Division posted a revised program directive that provides guidance to Oregon OSHA staff when working with temporary service providers and worker leasing companies.

The revised program directive contains inspection criteria that apply to temporary service providers and worker leasing companies. According to the directive, clarification and standardization of Oregon OSHA policy is needed regarding the expectation and citation of the following:

• Host employers using leased or temporary workers under contract from worker leasing companies or temporary service providers.
• Worker leasing companies and temporary service providers.
• Oregon OSHA, the Workers’ Compensation Board and the courts place the greater burden of protection on the party exercising direction and control at the workplace.

In general, the assumption is that the host employer directs and controls the workers so citations for safety and health hazards associated with conditions at the workplace that workers are exposed to will normally be issued to the host employer. In those cases where the worker leasing companies or temporary service providers have control of the workplace or supervisory direction over the workers (e.g., an on-site supervisor), they have all the responsibilities as the host employer in some instances.

Staffing agencies also have responsibilities related to rule compliance and employee safety. When the worker leasing companies or temporary service providers do not have direction and control, they must assure that the host employer provides adequate training, supervision and instruction for those workers.

Oregon OSHA will send a letter to the appropriate leasing company or service provider notifying them of a host employer’s work site hazards. The letter will contain a copy of the host employer’s citation or hazard letter to ensure that they are fully aware of the hazards at the jobsite and that appropriate steps are taken to protect their employees at that jobsite.

The full directive is available online.