Who’s Responsible for Safety When Using Temporary Workers? Understanding OSHA’s Joint Employer Rules

Temporary workers can help employers remain flexible, fill skill gaps, manage seasonal demand, and keep projects on schedule. But when a temporary worker steps onto your jobsite, an important question arises:

Who is responsible for their safety?

Many employers assume the staffing agency handles all safety-related responsibilities because they hired the employee. In reality, the Occupational Safety and Health Administration (OSHA) views both the staffing agency and the host employer as responsible for protecting temporary workers. OSHA refers to this as a joint employer relationship. OSHA states that both the staffing agency and host employer share responsibility for maintaining a safe work environment and ensuring workers receive appropriate training and protection.

Understanding these responsibilities can help employers reduce workplace injuries, avoid OSHA violations, and create safer working environments for all employees.

What Is a Joint Employer Relationship?

When a staffing agency places a worker with a client company, two employers are involved:

• The staffing agency recruits, hires, pays, and manages employment-related matters.
• The host employer supervises day-to-day work activities, provides the worksite, equipment, and job-specific direction.

Because both organizations have some level of control over the worker, OSHA considers them joint employers and expects both parties to contribute to worker safety. OSHA specifically notes that neither employer can simply transfer all safety responsibility to the other through a contract.

Does the Staffing Agency or Host Employer Have More Responsibility?

The answer depends on the situation, but OSHA generally expects safety responsibilities to be shared according to who controls the hazards.

In most cases, the host employer has primary responsibility for identifying and controlling workplace hazards because they know the jobsite, equipment, and work processes. The staffing agency, however, still has an obligation to help ensure workers are being placed in safe environments and receiving appropriate training.

Think of it this way:

The staffing agency helps prepare the worker. The host employer controls the workplace. Both must work together to keep employees safe.

What Responsibilities Does the Host Employer Have?

Since the host employer controls the worksite, OSHA expects them to:

Provide Job-Specific Safety Training

Temporary employees must receive the same hazard-specific training as permanent employees performing similar work.
This may include training on:

• Machine operation
• Lockout/tagout procedures
• Fall protection
• Forklift safety
• Hazard communication
• Personal protective equipment (PPE)
• Emergency procedures

Training should be provided before workers begin performing tasks that expose them to workplace hazards.

Identify and Communicate Hazards

Employers should assess potential workplace hazards and communicate them to both the staffing agency and temporary worker.

This includes:

• Physical hazards
• Chemical exposures
• Environmental hazards
• Ergonomic risks
• Required PPE

Provide a Safe Work Environment

Temporary employees have the same right to a safe workplace as permanent employees. OSHA expects host employers to maintain equipment, enforce safety procedures, investigate incidents, and correct hazards promptly.

What Responsibilities Does the Staffing Agency Have?

The staffing agency’s responsibility doesn’t stop after the placement is made.

OSHA expects staffing agencies to:

Understand Jobsite Hazards

Before assigning workers, staffing firms should communicate with the host employer about job duties, risks, required certifications, and necessary safety training.

Provide General Safety Awareness

Depending on the assignment, staffing agencies may provide general workplace safety training and verify that workers have required qualifications before placement.

Verify Safety Responsibilities Are Being Met

Staffing agencies should maintain ongoing communication with host employers and workers to ensure safety expectations are being followed and concerns are addressed. OSHA notes that agencies cannot ignore known hazards simply because the worker is placed at another company’s facility.

Who Provides Personal Protective Equipment (PPE)?

One of the most common questions employers ask is who is responsible for providing PPE.

OSHA does not designate a one-size-fits-all answer. Instead, responsibility is typically assigned based on the employer’s role and agreement. However, both parties remain responsible for ensuring workers have the PPE they need and understand how to use it properly. OSHA notes that host employers are often in the best position to determine appropriate PPE because they understand the specific workplace hazards involved.

Can Both Companies Receive OSHA Citations?

Yes.

If OSHA determines that safety requirements were not met, both the staffing agency and host employer may be cited.

For example:

• A host employer could be cited for failing to provide machine guarding or hazard-specific training.
• A staffing agency could be cited if it failed to verify workplace hazards or ensure workers received appropriate safety information.

OSHA evaluates each case individually and considers which party had control over the hazardous condition.

Best Practices for Employers Using Temporary Workers

To reduce risk and improve safety outcomes, employers should:

• Clearly define safety responsibilities before workers arrive.
• Share hazard assessments with the staffing agency.
• Include temporary workers in all safety meetings and training sessions.
• Ensure temporary workers receive the same safety protections as regular employees.
• Encourage reporting of injuries, hazards, and near misses.
• Maintain open communication with staffing partners regarding safety concerns.

When both parties work together proactively, temporary workers can be integrated safely and effectively into the workforce.

Safety Is a Shared Responsibility

Temporary workers play a valuable role in helping organizations meet staffing demands, but safety responsibilities do not disappear simply because a worker came through a staffing agency.

Under OSHA’s joint employer framework, both the staffing agency and host employer share responsibility for protecting workers. By communicating expectations, providing proper training, and addressing hazards before work begins, employers can reduce injuries, improve compliance, and create a safer workplace for everyone.

Questions About Temporary Worker Safety?

Understanding OSHA’s joint employer expectations can be challenging, especially when safety training, PPE, hazard communication, and jobsite responsibilities are shared between multiple parties. If you have questions about your responsibilities as a host employer or would like guidance on temporary workforce safety practices, the Sheakley Staffing team is here to help.

Contact us to discuss your temporary staffing and workplace safety questions.