Gain an understanding of OSHA/MSHA temporary worker and independent contractor protection and enforcement programs.
The U.S. Department of Labor's definition of independent contractor has been in a state of flux between the Obama/Trump/Biden administrations and this can create confusion about classification of workers and the responsibilities that the host employer has under the Occupational Safety & Health Act, the Mine Safety & Health Act, and implementing policies. Both agencies also provide for situations where an employer can be dually cited along with staffing agencies or contractors, with penalties of up to $136,532 (OSHA) or $274,175 (MSHA) per violation. Injuries impacting third-party workers - temps, independent contractors, and day laborers - can also trigger tort liability against the host employer or general contractor in the millions of dollars. This topic will provide the most current guidance from OSHA/MSHA on their temporary worker and independent contractor protection and enforcement programs and offer tips on how to protect everyone at the worksite, manage compliance, and mitigate liability.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview of Temporary Worker Issues and the Gig Economy
- Definitions of Employee, Temporary Worker and Independent Contractor
- Recent U.S. Department of Labor Changes in Independent Contractor Rules
- Why Worker Classification Is Important Legally for OSHA/MSHA Purposes
OSHA's View of Host Employer Responsibilities for Temporary Workers
- Training Issues
- Personal Protective Equipment
- Hazard Communication and Recognition
- Supervision and Control Issues
- OSHA's Multi-Employer Citation Policy
Best Practices to Limit Liability Arising From Temporary Worker Use
- Onboarding, Training and Documentation
- Addressing Respirators, Occupational Health and COVID-19 Issues for Temps
- Legally Effective OSHA Inspection Tips for a Multi-Employer Worksite
- Tort Liability and Workers' Compensation Considerations
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 8, 2021.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Adele L. Abrams, Esq., ASP, CMSP
Law Office of Adele L. Abrams P.C.
- President, Law Office of Adele L. Abrams PC
- Attorney and certified safety professional, represents employers nationwide in OSHA, MSHA, and DOT matters
- Professor of employment law at University of Colorado
- Frequent national speaker on workplace safety and health issues and substance abuse management, Avetta Fellow, NSC DSSA Recipient
- Co-author of ASSP textbooks, including Safety Professionals’ Handbook
- Active member of ASSP and National Safety Council, American Bar Association
- Admitted to multiple federal and state bars, including the U.S. Supreme Court
- J.D. degree, George Washington University National Law Center; B.S. degree, University of Maryland, College Park
- Can be contacted at [email protected] or 301-613-7498
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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