The Occupational Safety and Health Administration (OSHA) has just reminded Temporary Staffing Agencies and their clients (i.e. the Host Employer) that they are jointly liable and responsible for a Temporary Employee's safety and health in two (2) new Guidance Documents relating to respiratory protection, noise exposure and hearing conservation.
In a previous issue, we discussed a new OSHA reporting regulation that was initially scheduled to take effect on August 10, 2016, but was pushed back to November 1, 2016, and then delayed again until December 1, 2016 as a result of pending litigation by a number of trade associations, which sought to enjoin the regulation as it related to post-accident drug testing programs. On November 28, 2016, the Texas court refused to issue the injunction and the new rule became effective on December 1, 2016. Texo ABC/AGC Inc. v. Perez, Case No. 3:16-cv-01998 (N.D. Tex. 2016).