From a management perspective in more and more Illinois and Indiana industries, there is a growing temptation to hire workers on a temporary basis through an independent staffing company instead of putting workers on the permanent, full-time company payroll.
It may save these industrial operations a lot of money, but this profit-making plan can have significant ramifications on worker safety as well as claims for justice after a serious or deadly industrial work accident.
Growing Industrial Trends for Hiring Temporary Workers
Industry predictions through 2025 explain that the “temporary labor market … has been growing significantly…” with demand expected to increase in “…various industries, including construction, healthcare, logistics, information technology (IT), and telecommunications…” through 2025. Read, Size, Facade Market. “Share & Trends Analysis Report By End Use.” By Product (Ventilated, Non-Ventilated), By Region, And Segment Forecasts 2025 (2019).
Temporary hires are becoming more and more popular in a variety of industrial labor forces, including:
- Cleaning and maintenance or janitorial services (e.g., commercial cleaners, equipment cleaners)
- Construction (e.g., electricians, plumbers, roofers, millwrights, welders)
- Food processing plants (butchers, quality control, packers, machine operators, etc.)
- Manufacturing plants and factories (assembly line, quality control, etc.)
- Maritime workers (deckhands, checkers, welders, engineers, etc.)
- Transportation (e.g., truckers, forklift operators, drivers)
- Warehouse workers (material handlers, stockers, packers, loaders, etc.)
- Waste Management (refuse collectors, equipment operators, electricians, mechanics, etc.).
Who is a Temporary Worker?
For purposes of safety regulations, the Occupational Safety and Health Administration (OSHA) explains that “temporary workers” are people who are employed and paid by staffing agencies but do their actual work tasks at their “host employer.” The industrial workplace is owned, operated, possessed, or controlled by a company that is the client of the staffing agency. The worker’s paycheck comes from the temporary staffing company, not the industrial enterprise.
Why not hire workers directly but instead contract for help to be provided by a staffing company? From the industrial boardroom perspective, it’s better for the bottom line. The industrial concern does not have to provide as many benefits to staffing agency employees as it does for its own workers on its employment roster. And yes, this usually means the company can pay less for the exact same work.
However, as OSHA points out:
Whether temporary or permanent, all workers always have a right to a safe and healthy workplace. The staffing agency and the staffing agency’s client (the host employer) are joint employers of temporary workers and, therefore, both are responsible for providing and maintaining a safe work environment for those workers. The staffing agency and the host employer must work together to ensure that the Occupational Safety and Health Act of 1970 (the OSH Act) requirements are fully met.
Temporary Workers and Industrial Workplace Accidents
Sadly, temporary workers can be much more at risk of serious injuries on the job than full-time industrial employees. There are several reasons for this, such as:
- Temporary workers may be sent from jobsite to jobsite, without being given the needed safety training and instruction needed for each particular workplace;
- These workers may be sent to do work for which they do not have the necessary training or expertise by the staffing agency anxious to fill a quota;
- Staffing agencies are not as likely to take the time and effort to inspect each host employer’s facilities for safety checks and hazards;
- Temporary agencies may not have the needed expertise to recognize risks on an industrial worksite if they do go out and make a safety inspection for their temporary workers who will be assigned to that site; and
- The need to please their corporate client may make the staffing agency less likely to insist upon safety changes (especially if there are significant costs involved) when they are dependent upon that client’s revenue.
Safety Regulations to Protect Temporary Workers
Federal safety regulations do exist to protect temporary workers on industrial job sites. For those at work in Indiana and Illinois, these regulations will be applied through our respective OSHA State Plans. For details, read Workplace Safety and OSHA Regulations in Indiana and Illinois.
In sum, at the minimum, there must be compliance with the general duty of safety and care outlined in the Occupational Safety and Health Act of 1970. Read, What is the Employer’s General Duty Clause?
Specific state laws may also come into play, such as Illinois’ Responsible Jobs Creation Act. Read, “A Trailblazing New Law in Illinois Will Dramatically Expand Temp Workers’ Rights,” written by Jeff Schuhrke and published by In These Times on October 4, 2017.
Temporary host employers must provide a safe working environment for all workers on the jobsite. This is true regardless of who is providing the paycheck (company itself or staffing agency). There is a legal duty to do things like understand, inspect, and fix any dangers or hazards for which any worker may be at risk of harm as well as making sure workers are trained in the safety practices needed for their particular job and worksite. Personal protective equipment (PPE) must be included in meeting the legal duty of keeping workers safe on the job.
OSHA has published a series of recommendations to be followed in keeping temporary workers safe. For the staffing agency, they include:
- Evaluate the host employer’s worksite;
- Train agency staff to recognize safety and health hazards;
- Ensure the employer meets or exceeds the other employer’s standards;
- Assign OSHA responsibilities and define the scope of work in the contract;
- Injury and illness tracking;
- Conduct safety and health training and new project orientation;
- Illness and injury prevention programs;
- Investigation of incidents, injuries, and illnesses; and
- Maintain contact with workers.
Industrial Standards and Temporary Workers
While not having the force of regulation, industrial standards do provide guidance to companies on what should be done to meet their duties of care and safety for workers on the job. In particular, the American Society of Safety Professionals (ASSP), based in Chicago since 1911, has achieved international recognition as an occupational safety and health expert and provides industrial standards for temporary work.
Explains ASSP President Jim Thornton, CSP, CIH, FASSP, FAIHA:
“When a workforce involves temporary and short-term work arrangements, the likelihood of an injury or fatality can increase. It’s important for businesses to implement safeguards in non-standard circumstances to ensure the safety and health of all workers.”
Last month the ASSP announced its publication of a free technical report in digital format entitled “ASSP TR-Z590.9-2023 Technical Report: Protecting Temporary Workers: Best Practices for Host Employers.” It applies to various industrial safety and health management systems.
The ASSP also published a book entitled Safety Management Systems in a Joint-Employer Environment. This industrial publication details “…the escalation of risk in a joint-employer setting and describes how the traditional approach to managing hazards has not kept pace with the speed of today’s changing world of work.”
Justice for Temporary Workers Hurt or Killed in Industrial Work Accident
Industrial worksites in Illinois and Indiana are very dangerous places to earn a living. Temporary workers face a tremendous risk of catastrophic injury or death on the job. When work accidents happen, these temp workers must be prepared for a legal fight to get justice in the aftermath of a severe work injury.
Temporary worker accidents in Indiana and Illinois can be complicated. There may be legal recompense due not only from the staffing agency, but the host employer and other third parties, too. Landowners, product manufacturers, repair companies, and other companies or contractors may have breached duties of care in the incident for which they have legal accountability.
Temporary workers may seek claims for justice under state workers’ compensation laws as well as laws of negligence, product liability, defective products, or premises liability. Damages may be sought not only for the worker but also for family members directly harmed by the work accident and its consequences.
For more, read:
- What Is The Most Dangerous Job in Indiana and Illinois?
- The Increasing Danger of Dying on the Job: Fatality Risk Just Keeps Growing for Workers
- Amazon Warehouse Workers: Risk of Severe Bodily Injury or Death on the Job as OSHA Investigations Continue
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
More and more workers are being employed in our industrial workplaces as temporary workers on the rolls of a staffing agency. This makes them more vulnerable to injury and facing complexities in seeking justice for accident damages after they have been hurt on the job. Please be careful out there!
