November 10, 2015
2015: OSHA’s Tightening Temp Rules
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Companies that use temporary employees, either through staffing agencies or subcontractors, should pay close attention to recent policy changes that could increase their safety and training obligations as joint employers.
Farrah Fielder, general counsel for the National Association of Professional Employer Organizations, and Todd Logsdon, a partner at Fisher & Phillips in Louisville, talked about those changes and their implications at the Safety Leadership Conference this week. Mark Gomaska, an associate for Fisher & Phillips, led the panel.
In September, the National Labor Relations Board ruled that companies that use temporary workers are considered “joint employers” and share responsibility with the temp or subcontracting agency for those workers. The rule no longer requires that companies exercise direct control over temp workers to be considered joint employers. Instead, merely having the authority to control qualifies them as joint employers.
“Parent companies who have subsidiaries are going to feel this,” said Fields of the NLRB decision. “Franchisers and franchisees. … Any company that contracts with another company to perform services.
But even before the September decision, OSHA’s rules were moving toward more joint employer responsibility on the part of the parent company.
Read Full Article At Ehstoday.com
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