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According to KPMG’s 2024 Consumer Holiday Shopping Survey, the average U.S. consumer will spend $948 on holiday shopping, an increase from $911 in 2023. In preparation for the holiday season, major retailers like Amazon plan to hire 250,000 full-time, part-time, and seasonal roles to meet their consumers’ growing demand.
With the influx of temporary and new hires during the holiday season, retailers must understand their responsibilities as employers to ensure consistent safety practices across all warehouse facilities and distribution centers to uphold OSHA and NIOSH safety guidelines.
Joint Responsibilities
Under the Occupational Safety and Health Act of 1970 (OSH Act), the Occupational Safety and Health Administration was established, ensuring compliance with safety standards that protect both permanent and temporary workers. As part of the Temporary Worker Initiative (TWI) launched in 2013, The National Institute for Occupational Safety and Health (NIOSH), part of the Centers for Disease Control and Prevention (CDC), began to partner with OSHA to develop guidelines and programs aimed at reducing risks for temporary workers.
Under the OSH Act, OSHA requires the staffing agencies and host employers to protect the safety of temporary workers, creating a dual responsibility model. Specifically, staffing agencies ensure workers know their rights and provide baseline safety training. Meanwhile, host employers are accountable for identifying site-specific hazards and ensuring job-specific training. The shared accountability ensures that neither party can avoid responsibility, helping to create a safer work environment for temporary employees. While the obligations and responsibilities can vary depending on the workplace, the U.S. Department of Labor suggests the following division of responsibilities under OSHA standards for temporary workers.
| Responsibility | Staffing Agency | Host Employer |
|---|---|---|
| General Safety and Health Training | Provides general safety that applies across various occupational settings for temporary workers. | |
| Worksite-Specific Training | Covers training specific to their workplace, equipment use, exposure risks, and emergency procedures. | |
| Medical Surveillance/ Health Monitory | If the staffing agency maintains a long-term relationship with the temporary worker, it is responsible for arranging medical surveillance audiometric testing, and periodic medical tests. | |
| Machine Guarding Compliance | Ensures machine guarding and equipment safety measures are compliant with OSHA standards specific to their operations. | |
| Exposure Controls for Noise and Toxins | Responsible for compliance with workplace-specific standards relating to noise and toxic substance exposure. | |
| Incident Reporting and Communication | Creates a channel for reporting incidents or injuries and communicates with the host employer to ensure temporary workers are informed of reporting policies. | Ensures temporary workers know and follow the worksite's incident reporting and response procedures, including any unique hazard reporting channels. |
| PPE Provision and Training | Provides general PPE training, ensuring workers understand the importance and basics of donning and doffing PPE. | Supplies worksite-specific PPE as necessary and trains workers on proper usage relevant to specific hazards at the workplace. |
Best Practices in Contractual Agreements
Structured contracts with defining roles and job duties can help ensure employees focus on the safest practices for their role. When drafting contracts, OSHA recommends that the staffing agency and employer clearly communicate reporting procedures, job-specific hazards, and emergency response expectations.
Worksite Safety Evaluations
Before temporary job placements, host employers should conduct a hazard analysis to identify the potential risks, such as employee exposure to hazardous substances or specific equipment. A hazard analysis can include “injury and illness reports, safety and health complaints, or OSHA enforcement history.” In creating this analysis, potential hazards are identified to develop specific training to address potential risks.
Before each shift, many workplaces also hold “toolbox talks” or quick safety meetings to reinforce safety protocols. These meetings allow workers to voice safety concerns and address any training or weaknesses in the workplace’s current safety practices. By conducting frequent safety evaluations and meetings, the workplace can reduce accidents involving temporary workers.
Training & Documentation
Employee training control measures help workers understand the specific risks related to machinery, chemicals, or other equipment unique to that site. Practical training such as simulated emergency drills, machinery operation exercises, and practices can enhance the understanding of temporary workers.
Keeping detailed records of the dates that workers' training modules and topics covered ensures OSHA standard compliance. Accurate record-keeping can ensure workers do not have to retake courses and focus on new materials.
Legal Implications and Penalties
If a workplace fails to comply with safety standards and regulations outlined in the OSH Act for permanent and temporary workers, the employers and staffing agencies can be subject to fines, lawsuits, and reputational damage.
Incident Reporting
Should a workplace incident occur during a temporary worker’s tenure, proper record-keeping practices are essential for OSHA compliance and accurate incident investigations, including specific information on when, where, and how an injury occurred. Effective incident record-keeping promotes a safer workplace for temporary workers and builds a culture of accountability and continuous improvement. Employers should also create clear reporting channels for temporary workers to communicate workplace incidents to ensure accurate reporting.
A record-keeping system accessible to staffing agencies and host employers enhances transparency and ensures OSHA compliance. Many digital record-keeping systems can help large organizations efficiently record workplace accidents and allow our experts at CED to determine the origins of workplace incidents accurately.
Key Takeaways Heading Into the Holiday Rush
Understanding the joint responsibilities of staffing agencies and temporary employees is essential to ensure a safe and productive workplace during the holiday season. Consistent communication, comprehensive training, and strong safety cultures to protect all workers in shared employment setups will result in a safe and productive holiday season.
Our team of Workplace Safety/OSHA Engineers have industry experience, are trained in the OSHA standards. Our team of engineers can serve as workplace safety experts or investigate workplace accidents to determine the causes of an accident. As you prepare for the holiday season, a safe workspace for every employee is essential.
