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 35 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 35 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.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.6
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- 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.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.6
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 93 Minutes.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- 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.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
HR Certification Institute 1.5
- This E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.5
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP.
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.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- Arizona CLE 1.5
- CA MCLE 1.5
- CT CLE 1.5
- HI CLE 1.5
- NJ CLE 1.8
- VT CLE 1.5
- WA CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 35 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 P.C.
- Represents employers in OSHA and MSHA matters nationwide
- National speaker on occupational safety and employment law issues
- Co-author of multiple textbooks on OHS, including several published by ASSP
- Regular columnist for multiple publications on OHS and employment law issues
- Memberships include: NSC, ASSP, ABA, and Adele is CEO of Chesapeake Region Safety Council and recipient of the National Safety Council’s DSSA Award
- J.D. degree, George Washington University; B.S. degree, University of Maryland College Park
- Can be contacted at [email protected], 301-613-7498, or www.safety-law.com
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Why Lorman?
Over 35 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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