Dual-Employer Liability: Cal/OSHA Risk for Staffing Agencies and Host Sites

Frequently Asked Questions

Can Cal/OSHA cite both the staffing agency and the host employer if a temporary worker gets hurt?

Yes. The post explains that Cal/OSHA may scrutinize both employers when a temp worker is injured or exposed to hazards, especially if responsibilities, training, supervision, or hazard controls were unclear.

Does a staffing contract shift safety responsibility away from the host site?

No. The post says a contract alone is not enough because Cal/OSHA expects both employers to define roles clearly and show that safety responsibilities were actually carried out on the floor.

What problems most often create shared liability for temporary workers?

The most common gaps are in hazard communication, job-specific training, supervision, equipment use, reassignment to new tasks, and injury reporting. Shared liability often happens when each employer assumes the other handled a critical safety step.

What will Cal/OSHA want to see after a temp worker incident?

Inspectors will generally look for evidence that both employers coordinated in practice, not just on paper. That includes defined responsibilities, site-specific hazard information, documented training for the actual assignment, supervisor accountability, hazard reporting, and joint incident review.

How can an EHS manager reduce dual-employer liability before an inspection?

The post recommends using a written host-staffing safety agreement, matching training to the actual job, controlling reassignment risk, auditing work on the floor, investigating incidents jointly, and documenting corrective actions. It also suggests reviewing temp assignments with staffing partners before peak periods.