Multi-employer worksite? Who trains everyone?
OSHA estimates that 43 million workers produce or handle hazardous chemicals in more than five million workplaces across the country. To ensure the safety of these workers, the Hazard Communication Standard (HCS) requires employers to train workers on the safe use of hazardous chemicals in the workplace. But what if there is more than one employer — who is responsible for HazCom training?
The potential for incidents and injuries is ever-present when people work with or around hazardous chemicals, especially when workers represent multiple employers. To reduce risk and ensure chemical safety in the workplace, information about the identities and hazards of the chemicals must be available and understandable to employees. OSHA’s HazCom standard requires employers to communicate this information to all employees, whether permanent or temporary.
What constitutes a hazardous chemical?
Before determining who trains which employee on HazCom, it’s important to first understand which chemicals are considered “hazardous.” OSHA defines a hazardous chemical as “any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.”
The Hazard Communication Standard (HCS) further defines a hazardous chemical as “any chemical which can cause a physical or a health hazard.” This determination is made by the chemical manufacturer, as described in 29 CFR 1910.1200(d).
So, if you have these chemicals, you must train your employees.
But who trains which employees?
Employers are responsible for training their workers, while the responsibility for training temporary or contract employees is shared between the employment agency and the host employer. In general, the staffing agency provides general training requirements for HazCom. This training includes the types of chemicals they’re likely to encounter during their daily tasks. Staffing agencies will also train workers on general personal protective equipment (PPE), including how to don and doff and how to read safety data sheets and labels.
In a Temporary Worker Initiative bulletin regarding temporary workers and HazCom, OSHA says: “The host employer holds the primary responsibility for providing site-specific hazard communication information and training on chemical hazards in the workplace to temporary employees since it uses or produces the hazardous chemicals and creates and controls the work process. The host employer is therefore best suited to inform employees of the chemical hazards specific to the workplace environment through site-specific training.”
| Want to learn more about multi-employer responsibilities? See our ezExplanation titled “Multi-employer roles and responsibilities”. |
When is training required?
Employees must be trained at the time of initial assignment, prior to initial exposure, and whenever a new chemical hazard is introduced. There is no annual training requirement. The HazCom standard does not set requirements for specific refresher training; however, if employees are executing policies or following training, it’s time to revisit training to ensure their safety. If retraining is needed, it may not be necessary to repeat your entire HazCom training program. Focus instead on the areas of the HazCom program that may be falling short.
It’s also not necessary that the employer retrain each new hire if that employee has received prior training from a past employer, an employee union, or any other entity. The employer, however, must ensure that their employees are trained and equipped with the knowledge and information necessary to conduct their jobs safely. New employees will need site-specific training to learn the specifics of your program, such as where the safety data sheets (SDSs) are located and the hazards of new chemicals to which they will be exposed.
Keys to remember
OSHA’s Hazard Communication standard requires employers to communicate with and train workers about hazardous chemical use and exposure. Training must be provided to permanent and temporary employees. Training is a shared responsibility, so both the host employer and staffing agency must collaborate to ensure all workers receive the required training.
