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Feature Article: OSHA Temporary Worker Initiative, NIOSH, and NORA in Ship Repair

The issue of joint employer workforces has become increasingly important in recent years, as temporary and contract workers become more prevalent in the labor market. As a VSRA member, it is essential to consider the implications of this trend on your workforce and the safety of your employees since the use of contingent labor is prevalent due to the nature of work scheduling for vessels.

Additionally, according to the OSHA Area Regional Director, Brian Rizzo, the focus of OSHA is on three major sections of employment this year: heat illness and prevention, mental health, and (you guessed it) the safety of temporary workers.

In 2013, the Occupational Safety and Health Administration (OSHA) launched a temporary worker initiative to address the safety and health risks faced by temporary workers. This initiative recognized that temporary workers are often employed by staffing agencies or other labor providers and work under the joint control of both the provider and the host employer. As a result, both the provider and the host employer have responsibilities for ensuring the safety and health of the temporary workers. OSHA even went so far as to include an address for shipyard employment specifically.

The OSHA initiative emphasized the need for clear communication and coordination between the provider and the host employer to ensure that temporary workers receive the same level of training and protection as the host employer's regular employees. The initiative also highlighted the importance of conducting hazard assessments and providing appropriate personal protective equipment to temporary workers.

Furthermore, in 2022 the National Institute for Occupational Safety and Health (NIOSH) and the National Occupational Research Agenda (NORA) Services Sector Council have also addressed the issue of joint employer workforces. The NIOSH and NORA Council emphasized the need for host employers to provide adequate training and supervision to temporary and contract workers to ensure their safety on the job. The Council also recommended that host employers establish clear communication with staffing agencies or other labor providers to ensure that both parties understand their roles and responsibilities in protecting temporary and contract workers.

This is important and relevant to both employers because The Occupational Safety and Health Administration (OSHA) frequently cites both host employers and staffing companies for safety and health violations.

“Amidst a pandemic, the importance of keeping workers safe and healthy has never been more important,” NIOSH Director John Howard, MD, said in an agency statement. 

“By following these best practices, host employers can do their part to optimize the safety and health of their workers, both permanent and temporary.”

It is critical to understand the risks associated with joint employer workforces and take steps to ensure the safety and health of all employees, whether they are temporary or regular employees. It is even more relevant and important in a high hazard industry like ship repair.

This includes providing adequate training and supervision, conducting hazard assessments, and providing appropriate personal protective equipment. Clear communication and coordination with staffing agencies or other labor providers are also crucial to ensure that everyone involved understands their roles and responsibilities.

In conclusion, the issue of joint employer workforces is an important one for the Virginia Ship Repair Association and its members to consider. By following the guidelines set forth by OSHA, NIOSH, and NORA and working together with your providers and vendors, you can ensure the safety and health of all employees, regardless of their employment status.

Together, we can create a safer and healthier workplace for everyone involved.

If you are interested in a more collaborative learning environment and one in which you can learn the industry best practices from fellow VSRA members, please reach out to the OSHA/VSRA Partnership Best Practices Committee Chair and author of this article.

Jay C Prock
jay@tidewaterstaffing.com

Important Links

https://www.cdc.gov/nora/councils/serv/protectingtemporaryworkers/host-employers.html?s_cid=3ni7d2NUD_PTW_2022

https://www.osha.gov/temporaryworkers/

https://www.osha.gov/sites/default/files/publications/OSHA3981.pdf

About the Author:

Jay Prock's responsibilities include all things related to the business of “Putting people to work and doing the right thing every day.” His duties include strategic planning, customer interaction, operational management input and direction, and coordinating the efforts of a 50+ team of internal staff. Jay is enormously proud of the fact that they put over 5,000 people to work in Southeast Virginia every year. 

Jay is a second-generation owner and believes that instilling the changes and direction of the company in his leadership role has caused TSI to be the leader in temporary help and contingent workforce management in Coastal Virginia. Setting the standard for all other temp companies to follow by being leaders in safety, volume, and processes to find the workforce our clients need to satisfy their production schedules. 

TSI delivers on its promises to our customers whether that be getting the vessel repaired or built or managing the workforce for the largest 3PLS in the port to get freight to its intended destination. No matter what happens, TSI's core values guide him personally and the company to be the very best they are capable of: Leadership, Attitude, Service, Integrity, and Responsibility. 

 


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