The Big "O" and the Staffing Industry

By: Bob Barrow
Date: 10/1/2008

OSHA has been establishing "legally enforceable" standards since 1970 Recent New Ruling- Hard hats are not "tools of the trade"

How many Americans, quite literally, take the Occupational Safety and Health Act (OSHA) for granted? Would you be surprised to learn that, prior to 1970, there was no uniform, set standard to protect America's labor force in the workplace? In the late '60s, the U.S. Congress was presented with statistics that highlighted the staggering cost to the U.S. economy of worksite injuries-not to mention the life-altering costs to the injured American worker.

When OSHA was created within the Department of Labor, its main thrust was ". . . to assure, in so far as possible, every working man and woman in the nation, safe and healthful working conditions and to preserve our human resources.. . " Coverage of OSHA extends to all employers and their employees in 50 states, Washington D.C., and Puerto Rico.

OSHA defines an employer as "any person engaged in a business affecting commerce who has employees." The act does not apply to federal, state, or local governments.

The standard has always required that employers conduct hazard assessments of their workplace (s) to evaluate exactly what personal protective equipment should be required. Although standards have always required that the employer pay for PPE, it has now been ruled into law that employers pay for all essential PPE equipment that is provided to employees, including temporary employees and guests. OSHA does not consider PPE items to be "tools of the trade," and when essential PPE equipment is required, to comply with a standard, it must be provided and paid for by the employer.

Whereas the rules of OSHA apply to all industries in the private sector, there are several classes of employers that are exempt from the regulations of record-keeping. For more information that will keep you in compliance, The Occupational Safety and Health Administration is a goldmine of information that includes lock-out/tag-out programs, fall protection in construction, guidelines for preventing workplace violence, emergency response and preparedness requirements, working safely with video display terminals, and record-keeping guidelines. Contacting OSHA is very easy with a very helpful Web site: www.osha.gov.

In carrying out its duties, OSHA establishes "legally enforceable" standards. Whereas, it is the responsibility of employers to be familiar with the standards that apply to their businesses, employees are also required to comply with OSHA's rules and regulations as they relate to their personal actions and conduct in the workplace.

Let's take a look at how Staffing companies and their client companies relate to OSHA and its regulations. Within the recordkeeping requirements of OSHA, each worksite must maintain its own log of "recordable" accidents. In addition, it has been established within case law that the supervising-employer-entity accepts the responsibility for OSHA compliance for permanent employees, temporary help and any subcontractors, working on-site, under the direction of the work-site supervisor. Since the work-site employer is ultimately responsible for compliance, its log should be very carefully checked for accuracy. The record-keeping guidelines and regulations required by OSHA are not complicated; the two prerequisite forms are OSHA 300 and OSHA 301, the Injuries and Illnesses incident report:

• The OSHA 300's log is used for recording information about occupational deaths, non-fatal occupational illnesses, and non-fatal occupational injuries that involve one or more of the following: loss of consciousness, restriction of work or motion, transfer to another job, or medical treatment (other than first aid).

• The OSHA 301 form consists of 18 questions, broken down into three parts: descriptive section to identify the employee, a section regarding the treating physician or the healthcare facility, and a section covering the case itself. Most of the information required may be found on a workers' compensation "first report of injury" form.

Note: It is an OSHA compliance requirement to enter a recordable accident on the OSHA 300 form within six days of the occurrence. The form must be posted, in a prominent location, by February 1st of each year and remain displayed until March 1st of the following year. Then, the log must remain on the premises for five additional years. If there are no recordable injuries, the OSHA 300 form must still be displayed, showing zeros entered on the log.

Bob Barrow, principal of the Barrow Group, LLC, can be reached at 800-874-4798 or www.barrowgroup.com