FACE Facts
SAFETY ALERT
Occupational Health Surveillance Program
Massachusetts Department of Public Health
April 2012

Temporary Agencies and Worksite Employers 
Share Responsibility for 
Keeping Temporary Workers Safe

Background
Temporary workers are placed in some of the most hazardous jobs. Often, these workers are not provided enough information and training about their jobs and how to perform the work safely.  From 1993 through 2011, the MA FACE1 project identified 15 fatalities of temporary workers, including three deaths to workers under age 24. Below are two examples in which better training and communication with workers may have saved lives.

What happened?

Massachusetts Temporary Laborer Dies in a Recycling Facility 
A 43-year-old male temporary laborer was crushed to death while working at a recycling facility. The victim’s job was to feed boxes into the hopper of a baler, and keep it from jamming. The victim climbed onto the edge of the baler to use his foot to force jammed boxes down, and fell in. By the time the foreman on site was able to shut off the machine, the victim had been crushed. Many temporary workers on site had not been trained how to remove jams and how to shut off the baler in an emergency. 

Massachusetts Temporary Laborer Dies in Fish Processing Plant
A 40-year-old male temporary laborer died after being caught in a ribbon blender at a fish processing plant. The victim and a co-worker were assigned to wash down a blender. Workers on site had not been well trained in how to remove waste from the blender. The victim entered the blender, and while inside the co-worker handed him a hose. As the victim pulled the hose into the tank it came in contact with the switch for the blender, turning it on. The victim was caught in the rotating blades. 

What can be done?
MA FACE has found a lack of health and safety training and communication with workers to be an issue in all the temporary worker fatalities investigated. To help prevent future fatalities, temporary agencies and worksite employers must work together to inform workers about job hazards and provide general and site-specific training. 

Temporary Agency and Site Employer Responsibilities

Temporary Agencies and Worksite Employers:
Know Your Safety Responsibilities for Temporary Workers
While worksite employers have the primary obligation to provide workplaces free of recognized hazards, temporary agencies can be cited for failing to take reasonable steps to determine conditions at worksites and ensure temporary workers are informed of and protected against hazards.

To prevent serious injuries to workers, it is critical that both temporary agencies and worksite employers understand their responsibilities and work together to assure workers are safe. Below is a breakdown of some of these responsibilities. 

Temporary Agencies:
Inquire about safety conditions at assigned sites for temporary workers.
Provide general safety information to temporary workers in the language best understood.*
Make arrangements with worksite employers to ensure they provide temporary workers with  site-specific safety training. 
Provide workers’ compensation insurance and contact information to all employees, including temporary workers.
Record injuries/illnesses for temporary workers directly supervised on a day-to-day basis by the temporary agency.

Worksite Employers:
Provide site-specific safety training to temporary workers in the language best understood.* For example:
•	Safe operating procedures of equipment including location of emergency stops, and when and how to implement lockout/tagout procedures 
•	Safe handling of chemicals to be used
•	Site-specific emergency procedures
Provide workers with PPE (personal protective equipment) for site-specific hazards, and train workers on how to properly fit and use PPE.
Record injuries/illnesses for temporary workers directly supervised on a day-to-day basis by the site employer.

Contracts between Temporary Agencies and Worksite Employers
Temporary work contracts should clearly outline the aspects of safety for which the temporary agency and worksite employer are responsible. This will prevent confusion.
•	Describe who will provide both the general and site-specific training for workers.
•	List anticipated tasks and necessary PPE for temporary workers, including who will provide the PPE. Provide workers with this information, in the language best understood,* before they start at the job site. 
•	Designate agency and worksite point persons and provide their names and phone numbers for temporary workers to contact with concerns that arise.

Massachusetts Resources

MA Department of Labor Standards (DLS)
DLS offers free consultation services to help employers recognize and control potential hazards at their worksites, and assist in training employees. DLS also conducts a variety of free workplace health and safety trainings throughout the year for both employers and workers.
Go to: www.mass.gov/dols/consult

MA Department of Public Health
The Massachusetts Fatality Assessment & Control Evaluation (FACE) project investigates work-related fatalities and develops prevention recommendations.      Full reports and other fact sheets are available online.
Go to: www.mass.gov/dph/face and click on “Educational Materials”

MA Department of Industrial Accidents (DIA)
DIA has grants for providing workplace safety training to employees. Any company covered by the state’s Workers’ Compensation Insurance Law may apply.
Go to: www.mass.gov/lwd/workers-compensation/safety

UMass Translation Center
The UMass Translation Center offers translation and interpreting services to many clients, including small businesses and multinational corporations. The Center can identify someone with the appropriate skills*  for interpreting a training, or translating training materials. 
Go to: http://www.umasstranslation.com/services/ 
Call: 877-77U-MASS (877-778-6277)

* It is a legal requirement that training be provided in a manner the worker is capable of understanding. If using interpreters, it is advised they have a health and safety background and that employers document who provides the services. If using the OSHA 10-hour course as part of worker training, 20 hours are required if using an interpreter.

1 MA FACE (Massachusetts Fatality Assessment and Control Evaluation) seeks to prevent work fatalities by identifying and investigating these incidents and developing prevention strategies for those who can intervene in the workplace. MA FACE is supported by cooperative agreement # 2U60OH008490-06 from CDC-NIOSH.  This document may be copied freely and can be found online at www.mass.gov/dph/face. If you have comments or questions, call the Massachusetts FACE project at 1-800-338-5223.