WA State Workplace Safety Risk Training for Temporary Employees

On April 14, 2021, Washington Governor Jay Inslee signed the law Substitute House Bill (SHB) 1206, creating new requirements for staffing agencies and employers in workplaces using temporary employees to provide training on occupational safety and health risks. Under the new law, employers in workplaces must inform recruitment agencies of anticipated occupational risks temporary employees are likely to face and provide specific training to temporary employees on these risks. Staffing agencies should separately assess jobsite safety conditions and provide their own general safety training to their employees on anticipated workplace hazards. Specifically, under the new law, staffing agencies must do the following.

  • At the start of any work placement contract, placement agencies must to inform on “safety and health practices and hazards at [specific] workplace where the employee will work assess safety conditions, worker tasks and the site employer’s safety program. (Our emphasis.) (This survey may include a visit to the actual workplace.)

  • Recruitment agencies must “[p]provide training to the employee for general safety awareness training for recognized industrial risks that the employee may encounter on the job site. (I underline.)

    • Industry hazard training should be completed in the employee’s preferred language.

    • Industry hazard training “shall be provided at no cost to the employee.”

    • “The date and content of the training must be maintained by the employment agency and provided to the employee upon request. “

  • At the start of the contract, the employment agencies must send to the site employer a general description of the training program, including all topics covered.

  • Recruitment agencies must provide the employee the Washington State Department of Labor and Industry hotline to call to report safety hazards and concerns.

  • Recruitment agencies must inform the employee to whom he or she should report safety concerns in the workplace.

Construction site employers must perform the following tasks set out in the new law.

  • Before the start of a mission, site employers must “[d]document and inform the staffing agency regarding the anticipated employment risks that may be encountered by the [worker]. ” (I underline.)

  • Site employers must permit recruiting agencies to visit workplaces where employees will work (or work) to assess working conditions.

  • A site employer must “[r]see Safety and health awareness training provided by the staffing agency to determine if it addresses recognized risks to the industry of the site employer. (I underline.)

  • Site employers must provide specific training temporary workers on the particular risks they may encounter on the site.

  • Site employers must “document and keep records site specific training. (I underline.)

  • Within three working days of training delivery, workplace employers must provide confirmation to the staffing agency that the training has been provided to the interim.

Under the new law, if a temporary employee’s duties or workplaces change such that the employee may encounter new hazards on the job site, the job site employer must notify the placement agency. and the employee for “occupational hazards not previously covered before the employee undertakes the new duties and updates personal protective equipment and training for the new work duties, if necessary”. The law authorizes “the placement agency or [the] employee [to] refuse a new job on the job site when the job has not been reviewed or if the employee has not had the appropriate training to perform the new job.

If the placement agency becomes aware of existing occupational risks that have not been mitigated by the site employer, the agency must inform the site employer, “urge the site employer to correct [them], ”And document these efforts; if the employer from the site does not take corrective measures, the employment agency must withdraw its employees from the site.

The Washington State Department of Labor and Industry proposed the new law in response to a 2017 study by the ministry’s Safety and Health Assessment and Prevention Research (SHARP) program which showed that temporary employees were about twice as likely as permanent employees to be seriously injured on the job.

SHB 1206, which will be codified in Chapter 49.17 of the Revised Washington Code, comes into effect on July 25, 2021.

© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, PC, All rights reserved.Revue nationale de droit, volume XI, number 153

Source link

Susan W. Lloyd

Leave a Reply

Your email address will not be published.