Employee Safety for Staffing Companies

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Employee Safety for Staffing Companies PEOs
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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

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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

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Course Sections

• 1. Definitions
• 2. Loss Control Best Practices
• 3. Legal

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Part 1Definitions
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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.

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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.

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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 clients work site
• Contractually assume certain employer rights,
  responsibilities and risk

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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

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Similarities of PEOs Staffing Companies

• Specific requirements are spelled out in a
  contract
• Might have additional benefits for employees
• 401K
• heath insurance

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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

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Part 2Loss Control Best Practices

• Client Risk Assessment
• Job Descriptions
• Prohibited Jobs
• Before Placement Assessment
• Loss Prevention Management

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Loss Control best Practices (continued)

• Injury Reduction Strategies
• Claims Management
• Safety Questionnaire
• Drug Testing

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Client Risk Assessment

• Written procedures for new client
• Details expectations of the client/employer
  relationship
• Segregation of responsibilities and authority

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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)

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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)

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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.

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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

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Client Risk Assessment

• Assessment of clients 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)

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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

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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

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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?

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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

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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.)

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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

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Claims Management (continued)

• Establish goals with each claim
• Work with client to achieve set goals
• Address employee complaints
• Conduct post-agreement safety questionnaire

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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?

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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.

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Drug Testing

• Minimum of a DFWP Level 1 program
• Pre-employment testing
• Reasonable suspicion of drug usage
• Post-accident

• PROGRAM MUST BE CONSISTENTLY APPLIED!

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Part 3Legal Issues

• Workers Compensation
• Violation of a Specific Safety
  
  Requirement (VSSR)
• Manual Classifications
• Medical Surveillance
• Safety Training

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Legal Issues (continued)

• Personal Protective Equipment (PPE)
• OSHA Requirements
• Recordkeeping
• Fines
• Other Considerations

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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

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VSSR

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

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Manual Numbers

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

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OSHA Requirements

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

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Recordkeeping

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

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Fines

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

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Medical Surveillance

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

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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.

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Safety Training

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

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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."

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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

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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.

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Other Legal Considerations

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

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Questions?