The U.S. Department of Labor's definition of independent contractor has been in a state of flux between the Obama/Trump/Biden administrations and this can create confusion about classification of workers and the responsibilities that the host employer has under the Occupational Safety & Health Act, the Mine Safety & Health Act, and implementing policies.
Both agencies also provide for situations where an employer can be dually cited along with staffing agencies or contractors, with penalties of up to $136,532 (OSHA) or $274,175 (MSHA) per violation. Injuries impacting third-party workers - temps, independent contractors, and day laborers - can also trigger tort liability against the host employer or general contractor in the millions of dollars.
This webinar will provide the most current guidance from OSHA/MSHA on their temporary worker and independent contractor protection and enforcement programs and offer tips on how to protect everyone at the worksite, manage compliance, and mitigate liability.
What You'll Learn:Overview of Temporary Worker Issues and the Gig Economy- Definitions of Employee, Temporary Worker and Independent Contractor
- Recent U.S. Department of Labor Changes in Independent Contractor Rules
- Why Worker Classification Is Important Legally for OSHA/MSHA Purposes
OSHA's View of Host Employer Responsibilities for Temporary Workers- OSHA's View of Host Employer Responsibilities for Temporary Workers
- Training Issues
- Personal Protective Equipment
- Hazard Communication and Recognition
- Supervision and Control Issues
- OSHA's Multi-Employer Citation Policy
Best Practices to Limit Liability Arising From Temporary Worker Use- Onboarding, Training and Documentation
- Addressing Respirators, Occupational Health and COVID-19 Issues for Temps
- Legally Effective OSHA Inspection Tips for a Multi-Employer Worksite
- Tort Liability and Workers' Compensation Considerations
