Workplace Safety: Rules and Responsibilities When Working with Temporary Workers
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Find out who is liable when temporary employees cause permanent safety problems.
All too often, employers fail to effectively contemplate the potential liabilities associated with utilizing temporary staffing agencies. In fact, many employers turn to staffing agencies in an effort to avoid certain types of liability. Without careful consideration of the complexities of the employment and contractual relationships that develop as a result of working with temporary staffing agencies, employers are often unwittingly assessed with liability in the event of an accident or injury. This topic will define the different types of relationships that may exist between 'host employers' and staffing agencies and the employees they provide as well as define the resulting responsibilities and liabilities associated with those relationships. We will explore the various duties imposed on employers for the employment relationship and examine how they often shift between host and staffing agency. We will review the specific requirements of an appropriate working contract between host and staffing agency and explain what language will and will not absolve potential liability. Finally, we will explore some regularly applied state and federal statutes and pinpoint areas of potential exposure and responsibility for both host employer and staffing agency.
AuthorsJames F. Devine, CIPRIANI & WERNER PC
• Types of Employment Relationships Defined
• Employer Responsibility for Employment Activities
• Determination of "Control"
• General and Vicarious Liability
• Worker's Compensation