|DATE:||September 5, 2013
|MEMORANDUM FOR:||REGIONAL ADMINISTRATORS
Acting Deputy Assistant Secretary
|FROM:||THOMAS GALASSI, Director
Directorate of Enforcement Programs
|SUBJECT:||Updated OIS Coding Instructions Regarding Temporary Workers
On April 29, 2013, OSHA issued the memorandum titled, Protecting the Safety and Health of Temporary Workers. The memorandum instructs CSHOs to:
determine within the scope of their inspections whether any employees are temporary workers and whether any of the identified temporary workers are exposed to a violative condition;
assess, using records review and interviews, whether those workers have in fact received required training in a language and vocabulary they understand;
enter the code "TEMPWORKERS" in the Federal Strategic Initiative Program field of the OIS system if the CSHO determines during inspection activity that any temporary employees are exposed to a violative condition (i.e., included in the Number of Employees Exposed in OIS);
document the name of the temporary worker's staffing agency, the agency's location, and the supervising structure under which the temporary workers are reporting (i.e., the extent to which the temporary workers are being supervised on a day-to-day basis either by the host employer or the staffing agency).
We appreciate the efforts of the field in implementing these instructions thus far. In order to capture more information on the hazards temporary workers are being exposed to and the staffing agencies being encountered, we have added two more coding mechanisms in the OIS. This will assist us in retrieving this information for further analysis under this initiative.
In addition to the above instructions, we are asking that CSHOs select "TEMPORARY WORKERS" in the REC field found on the Violation Item tab within OIS for each violation where a temporary worker was an exposed employee. In order to identify the staffing agency, CSHOs should select "N-22-NAME OF STAFFING AGENCY" in the Additional Codes field found on the Inspection Type tab within OIS and then enter the name of the staffing agency in the Value field of the additional code.
All coding related to temporary workers should be used only for host employers. If and when you cite a staffing agency, do not apply the coding to the agency. The purpose of this coding is to discern from the host-employer citation data which industries are exposing temporary workers and to which hazards. Enforcement data on the staffing agencies can be obtained through other mechanisms.
As a reminder, as stated in the previous memorandum please note that, for the purposes of the Temporary Worker Initiative, a "temporary worker" is one who is working under a host employer/staffing agency employment structure. It does not include day laborers or seasonal workers who are hired directly by a single employer, nor contractor/subcontractor relationships.
Thank you for your attention to this matter. Should you have any questions, please contact Mary Lynn in the Office of Chemical Process Safety and Enforcement Initiatives, at email@example.com. Thank you for your continued assistance in this enforcement initiative.
cc: Jim Maddux, Director, DOC
Doug Kalinowski, DCSP