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U.S. Department of Labor | ![]() |
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Occupational Safety & Health Administration |
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Standard Interpretations
08/15/1991 - Decision or policy statement regarding the obligations and responsibilities of the employee leasing industry with respect to compliance with the Occupational Safety and Health Act. |
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Standard Number: | 1910.1200; 1910.1030; 1910.178(l) |
August 15, 1991 Mr. Mel Klinghoffer Chairman of the Board Payroll Transfers, Incorporated 3710 Corporex Park Drive, Suite 300 Tampa, Florida 33619 Dear Mr. Klinghoffer: This is response to the enclosed letter from Ms. Laura E. Green, a former employee of Payroll Transfers Inc., dated June 13. Ms. Linda Inkpen in your Customer Service Department requested that this response be directed to you. Ms. Green requested a decision or policy statement regarding the obligations and responsibilities of the employee leasing industry with respect to compliance with the Occupational Safety and Health Act. Specifically, she asked that a clear cut determination of which joint employer is responsible for implementing Occupational Safety and Health Administration (OSHA) regulations in the workplace and if a violation were to be found, which of the employers would receive citations and proposed penalties. Unfortunately, the contracts between employers for temporary help employees and permanent leased employees do not always define which employer is responsible for the safety and health of the employee. Whenever OSHA encounters this situation, the compliance safety and health officer evaluates the relationship between employees and employers on a case by case basis and assigns responsibility based on his findings. There are numerous factors that enter into that evaluation. The primary determination of responsibility for occupational safety and health purposes is which employer directly supervises the employee's day-to-day work activities and thereby directs the details, means, methods, and processes by which the employee reaches the work objective. [This document was edited on 10/22/2004 to strike information that no longer reflects current OSHA policy. Please see the revised Injury and Illness Recordkeeping Standard, 1904, and the associated OSHA Instruction CPL 02-00-131 Recordkeeping Policies and Procedures Manual (RKM) on OSHA's Recordkeeping Page.] Other determinants are found in OSHA's Multi-employer Worksite Policy (copy enclosed) that may affect the employer/employee relationship. The question of which employer issues the paycheck is rarely the sole factor in making the determination of which employer is responsible. We hope this satisfactorily responds to the questions raised by your former employee. Thank you for your interest in ensuring a safe and healthful workplace for your leased employees. Sincerely, Gerard F. Scannell Assistant Secretary [Corrected 10/22/2004] |
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