Employee Safety for Staffing Companies & PEOs

1. Employee Safety for Staffing Companies & PEOs

2. Course Objectives • Best practices for Staffing Companies & PEOs • Learn to reduce injuries, illnesses, and workers’ compensation costs • Improve communication between staffing organizations and host companies • Understand OSHA requirements for safety and health, legal issues, and OSHA recordkeeping

3. Course Objectives (continued) • Best practices for Staffing Companies & PEOs • Understand NCCI classifications • Evaluate safety of host/client • Differences between PEO and staffing company (legal, ownership, and responsibilities) • Available resources

4. Course Sections • 1. Definitions • 2. Loss Control Best Practices • 3. Legal

5. Part 1Definitions

6. Terminology Contract worker- Provides a specific service to a company which must include supervision and assumes more responsibilities than a staffing company. Staffing- Skilled/unskilled workers sent out under client/host regulations, host watches over worker, manages time/task, may or may not want to hire full-time Associate is preferable to “temp worker.”

7. Terminology (continued) Onsite- Temporary worker administration at host/client site although the actual task/work performed for the host is supervised by the host company. Host company is defined as the company that utilizes temporary workers. Staffing company is preferred to “temp agency.”

8. PROFESSIONAL EMPLOYER ORGANIZATION • Provide integrated services to manage critical human resource responsibilities and employer risk • Establish and maintain an employer relationship with the employees at the client’s work site • Contractually assume certain employer rights, responsibilities and risk

9. Staffing Employment Agency BWC defines “as an employer who is in business of employing individuals for the purpose of utilizing the services of the individuals for a temporary period” • Example: BWC contracts with a staffing agency to hire a temporary employee to fill a vacant position

10. Similarities of PEOs & Staffing Companies • Specific requirements are spelled out in a contract • Might have additional benefits for employees • 401K • heath insurance

11. Similarities (continued) • Responsibilities • Local, state and federal taxes • Employment taxes • WC coverage • Provided to employees by the temporary staffing company • May be provided by PEO

12. Part 2Loss Control Best Practices Client Risk Assessment Job Descriptions Prohibited Jobs Before Placement Assessment Loss Prevention Management

13. Loss Control best Practices (continued) • Injury Reduction Strategies • Claims Management • Safety Questionnaire • Drug Testing

14. Client Risk Assessment Written procedures for new client: • Details expectations of the client/employer relationship • Segregation of responsibilities and authority

15. Client Risk Assessment (continued) • WC carrier pre-approval or documentation of notice (sent to carrier of Staffing Company/PEO) • Specific job classification- descriptions • Industries/jobs that will not be included in agreement (restricted jobs)

16. Job Description Good Job Description includes: • Example tasks • PPE requirements • Safety requirements (e.g. attend safety orientation) • Exclusions (e.g. no operation of press brake) • Additional hazards (e.g. confined spaces)

17. Possible Prohibited Jobs/Industries • Unsupervised Jobs • Roofing • Trenching • Hazardous waste • Biological waste • Occupied domiciles • Foundry (pours) • Prohibited jobs can be determined by either the PEO/Staffing Agency or its Insurance Carrier.

18. Before Placement – Assess Client • Safety Training – “OSHA Alliance” • Safety Reviews • Job Description/Prohibited Jobs • OSHA Establishment Search • www.OSHA.gov • Statistics • Inspection Data • Enter Company Name • State

19. Client Risk Assessment Assessment of client’s WC history • Description of business operation • List of states (operating) • Copy of 3-yr loss run (minimum) • OSHA reports • Copy of existing safety manual(s)

20. Client Risk Assessment (continued) • Payroll by class code, tax and/or payroll reports • Site assessment of all locations with high hazard exposure • Evaluate frequency/severity of claims

21. Loss Prevention Management – Injury Reduction Strategies Comply with Loss Prevention Requirements: • Written policies/procedures that must be followed by client • Documentation of compliance and action taken for non-compliance of client • Safety “needs assessment” conducted with all new clients

22. Loss Prevention Management – Injury Reduction Strategies (continued) • Provide some type of loss prevention services • Have loss prevention services available for client • Periodic review of client compliance issues • Action plan?

23. Claims Management • Timely notification of all incidents & injuries • Set deadlines for notification • Example: 24/48 hrs after incident • Provide standard forms for all clients • Have client complete during notification of injury

24. Claims Management (continued) • Initial contact with injured workers who miss at least 3 days; then set up regular contact when IW misses more than 7 days • Have experienced claims manager regularly review all open claims: • Ensure proper management • Treatment plan in place (RTW, rehab, physical therapy, etc.)

25. Claims Management (continued) • Conduct accident investigations • Serious injuries/death • Repetitive incidents • Periodic reviews with client • Regarding loss runs or claims analysis • Minimum: annually • Best practice: monthly • Make available periodic loss runs/comparison report

26. Claims Management (continued) • Establish goals with each claim • Work with client to achieve set goals • Address employee complaints • Conduct post-agreement safety questionnaire

27. Possible Safety Questionnaire • What safety training did you receive by the host employer prior to starting job? • Are you required to wear any personal protective equipment? If so, was it provided?

28. Possible Safety Questionnaire (continued) • Are you currently performing the job functions as described to you by our staff? • Do you feel that there are any unsafe aspects or hazards associated with your job? If so, please explain.

29. Drug Testing • Minimum of a DFWP Level 1 program • Pre-employment testing • Reasonable suspicion of drug usage • Post-accident PROGRAM MUST BE CONSISTENTLY APPLIED!

30. Part 3Legal Issues • Workers’ Compensation • Violation of a Specific Safety Requirement (VSSR) • Manual Classifications • Medical Surveillance • Safety Training

31. Legal Issues (continued) • Personal Protective Equipment (PPE) • OSHA Requirements • Recordkeeping • Fines • Other Considerations

32. Workers’ Compensation Who is responsible for Workers’ Compensation? Host Employer? Staffing Employer? PEO? Staffing employer/PEO-hire the employee that is being utilized by the host employer

33. VSSR Who will be responsible for a VSSR? The host employer will be the employer of record in regards to VSSR filing.

34. Manual Numbers Why does the Staffing Agency/PEO need the host employer’s manual number(s)? • BWC legal requirement • Proper manual claim assignment • Payroll reporting • BWC ratemaking • Service fee determination

35. OSHA Requirements To whom do the following OSHA requirements apply? Recordkeeping Fines Medical surveillance Safety Training (General and Specific)

36. Recordkeeping Whoever provides day-to-day supervision of the employee is responsible for recordkeeping.

37. Fines Fines may be levied to the host employer and/or staffing agency/PEO depending on the circumstances.

38. Medical Surveillance When medical surveillance or monitoring is necessary, the host employer must offer and perform this requirement.

39. Medical Surveillance (continued) The staffing agency/PEO must ensure that the records of the required medical surveillance or evaluations are maintained in accordance with the appropriate OSHA standards.

40. Safety Training What is the general rule for generic training? The staffing agency/PEOs are expected to provide some generic training.

41. Safety Training (continued) Who is responsible for site specific training? The host employer must still certify that the required training has been provided "when the employee has demonstrated proficiency [to the employer] in the work practices involved."

42. Safety Training (continued) General – Choice (soon to be Alliance) • Safe lifting practices • Ergonomics • Personal protective equipment • Electrical safety • Machine guarding • Fall hazards and protection • Chemical hazard communication

43. PPE Who is responsible for PPE? • Host employer is responsible for providing PPE for site-specific hazards to which employees may be exposed. • PPE can be a contractional issue between the host employer and staffing agency/PEO, but enforcement is the responsibility of the host employer.

44. Other Legal Considerations What other Legal Consideration must be considered? • Intentional Tort • Third Party Liability (subrogation) • Criminal Liability

45. Questions?