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OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
September 21, 2000
William J. Banaszak
Worksite Safety Trainer
American Red Cross
2220 Silvermail Road, Suite 200
Pewaukee, Wisconsin 53072
Dear Mr. Banaszak:
Thank you for your November 10, 1999 letter to the Occupational Safety and Health Administration (OSHA), [Directorate of Enforcement Programs (DEP)]. Please be aware that this response may not be applicable to any questions or scenarios not delineated within your original correspondence. You had questions regarding the training obligations of Temporary Employment Agencies and host employers. We apologize for the delay in responding.
Although the host employers would, in most situations, provide the workplace-specific training that is necessary and appropriate for the employees' job assignments and tasks, the temporary agency employer would still have the responsibility to ensure that the employees had been properly trained. Therefore, if a host employer provides any training, the temporary agency employer would have to have a reasonable basis for assessing that the host employer's training is adequate.
Enclosed is a copy of the OSHA compliance directive (OSHA Instruction [CPL 02-00-124 (formerly CPL 2-0.124)]) on Multi-Employer Citation Policy, which was issued on December 10, 1999. We hope you will find this directive, with its many examples, helpful.
Thank you for your interest in occupational safety and health. Please be aware that the enforcement guidance contained in this response represents the views of OSHA at the time the letter was written based on the facts of specific questions, and is subject to periodic review and clarification, amplification, or correction. It could also be affected by subsequent rulemaking; past interpretations may no longer be applicable. In the future, should you wish to verify that the guidance provided herein remains current, you may consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the [Office of General Industry Enforcement at (202) 693-1850].
Richard E. Fairfax, Director
[Directorate of Enforcement Programs]