Who is responsible for the PPE of temporary workers?
Staffing agencies and host employers share responsibility of temporary workers. This includes providing necessary personal protective equipment (PPE) and ensuring workers receive training on the appropriate use of that equipment. OSHA could hold both the host employer and staffing agency liable for noncompliance if responsibilities are not addressed before work begins.
It’s estimated that over 40 million workers in the United States quit their jobs in 2021. As a result, employers are having to navigate the ripple effects from the “Great Resignation” phenomenon. This unprecedented change in the US labor market is causing many employers to consider hiring temporary workers due to the struggles of finding quality candidates. Hiring temporary workers comes with unique health and safety considerations for both the staffing agency and the host employer. Two common questions asked are “who must pay for temporary worker PPE?” and “who is responsible for training on the use of that PPE?”
Paying for temporary worker PPE
OSHA doesn’t identify who must pay for personal protective equipment. They instead recommend the staffing agency and host employer define their respective responsibilities during the pre-planning process. This is most often accomplished with a written agreement or contract between the joint employers documenting who bears responsibility for paying for PPE. It should be noted, neither the host employer or the staffing agency can require workers to provide or pay for their own PPE.
The host employer usually takes on the primary responsibility for selecting, providing, and ensuring the use of adequate PPE for the processes or operations to which temporary workers have been assigned. This is because the host employer is more familiar with hazards and exposures of the workplace and thus is better suited to select and provide the PPE.
Training temporary workers to use PPE
Both the host employer and the staffing agency are responsible for ensuring that training on PPE is provided. Typically, the staffing agency will expect the host employer to provide this training due to their familiarity with occupational hazards that the temporary workers will encounter, along with the host employer’s ability to control those hazards. At a minimum, training must include:
- When PPE is necessary;
- What PPE is required;
- How to properly don, doff, adjust, and wear the PPE;
- The limitations of the PPE; and
- The proper care, maintenance, and disposal of the PPE.
While host employers must provide a safe workplace for all workers, staffing agencies are required to understand the hazards to which their temporary workers will be exposed. This allows for better facilitation of training on those hazards. Thorough hazard assessments will likely have already been done for the host employer’s permanent staff and PPE needs identified. Through shared responsibility and communication, both the staffing agency and host employer will be on their way to fulfilling their responsibilities for a safe workplace.
Key to remember
Both the host employer and staffing agency should negotiate and document responsibilities relating to training and payment of required PPE before work begins.