Temporary Worker Initiative

Safety and Health in Shipyard Employment

This is part of a series of guidance documents developed under the 

Occupational Safety and Health Administration’s (OSHA’s) Temporary Worker 

Initiative (TWI). This Initiative focuses on compliance with safety and health 

requirements when temporary workers are employed under the joint 

employment of a staffing agency and a host employer.

Shipyard employment operations expose workers 

to various hazards from industrial operations such 

as steel fabrication, welding, abrasive blasting, 

electrical work, pipefitting, rigging, stripping, and 

coating applications, as well as the operation and 

servicing of complex machinery and equipment. 

The hazards associated with these work activities 

are heightened because they are often performed 

outdoors in all kinds of weather, onboard vessels, 

in confined or enclosed spaces, below deck, on 

scaffolds, and on busy and crowded docks filled 

with workers, equipment and material.

The safe coordination of these work activities is 

also complicated by the fact that most shipyards 

are multiple employer worksites where shipyard 

employees, ship’s crew, temporary workers, 

contractors, and subcontractors work side-by-side 

and often on the same ship’s systems at the same 

time. The combination of these factors presents a 

potential risk of injury for workers, whether they are 

working on vessels or at landside operations.

Many OSHA standards include specific safety 

and health training requirements to ensure that 

workers have the necessary skills and knowledge 

to safely perform their work. These requirements 

reflect OSHA’s principle that training is an essential 

part of an effective safety and health program for 

protecting workers from injuries and illnesses. 

Many fatal incidents occurred when workers, 

particularly temporary workers, were not provided 

timely training necessary to do their job safely.

Appendix A of this document provides 

recommended training topics and resources 

for shipyard employment work that align with 

OSHA standards.

Requirements

Temporary workers are entitled to the same 

protections under the Occupational Safety and 

Health Act of 1970 (the OSH Act) as all other 

covered workers. When a staffing agency supplies 

temporary workers to a business, typically the 

staffing agency and the staffing agency’s client, 

commonly referred to as the host employer, are 

joint employers of those workers. Both employers 

are jointly responsible for determining the 

conditions of employment and complying with 

the law. In these joint employment situations, 

questions regarding how each employer can 

fulfill their duty to comply with the standard are 

common. This bulletin addresses what both the 

staffing agency and the host employer can do to 

provide safety and health training to temporary 

workers, including training on how to report an 

injury or illness, as required under OSHA standard 

29 CFR 1904.35.

TWI BULLETIN NO. 11
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The staffing agency and the host employer share 

the responsibility for training temporary workers. 

Training must be completed before the worker 

begins work and in a language and vocabulary the 

worker understands. The training requirements 

will vary depending on potential hazards, 

location of the worksite and assigned duties. As a 

recommended practice, the staffing agency and 

host employer should discuss responsibility for 

each aspect of training, as well as inform the other 

employer when training is completed.

The specific type of training to be performed 

should be clearly stated in the language of the 

contract between the employers. While employers 

cannot discharge or subcontract their legal 

responsibilities to another party, the host employer 

may specify the qualifications required for 

temporary workers in its contract with the staffing 

agency. However, neither employer may avoid 

their ultimate responsibilities under the OSH Act by 

requiring another party to perform them.

In most cases, the host employer is responsible 

for site-specific training and the staffing agency

is responsible for generic safety and health 

training. It is the responsibility of both the staffing 

agency and the host employer to be familiar 

with applicable OSHA standards, comply with all 

training requirements, and determine and agree 

upon the generic safety training that the staffing 

agency will provide to temporary workers and the 

corresponding site-specific training requirements 

to be provided by the host. The goal is to ensure 

that workers know how to do their work safely, are 

able to identify hazards, and understand control 

and protective measures.

Under OSHA’s recordkeeping requirement both 

the staffing agency and the host employer are 

responsible for ensuring that the temporary 

employees are involved in the recordkeeping system 

by training temporary employees on the reporting 

process for all work-related injuries or illnesses, and 

setting up a system for the temporary workers to 

report work-related injuries and illnesses promptly 

(29 CFR 1904.35(b)). The employer that supervises 

employees on a day-to-day basis (usually the host 

employer) must record the work-related injuries 

and illnesses of the temporary workers (29 CFR 

1904.31(b)(2)). If the staffing agency is not the 

employer responsible for recording the work-related 

injuries or illnesses, it should establish notification 

procedures to ensure that when a worker informs 

one employer of an injury or illness, the other 

employer is apprised as well. Neither the host 

employer nor the staffing agency should have any 

policies or programs that discourage the reporting 

of injuries, illnesses, or hazards.

Joint Responsibilities

Hazard Assessments

The staffing agency and the host employer should 

jointly assess all worksites for potential hazards 

to which the temporary worker might foreseeably 

be exposed during assigned work. These 

assessments (or job hazard analyses) will provide 

for the identification and elimination of potential 

safety and health hazards through training, work 

practices, and necessary protective equipment for 

each worker. Staffing agencies need not become 

experts on specific workplace hazards, but should 

determine what conditions exist at the worksite, 

what hazards may be encountered, and how to 

best ensure protection for the temporary workers. 

See TWI Bulletin #5 — Hazard Communication1 for 

additional information.

Employers must provide and ensure the proper use 

and maintenance of personal protective equipment 

(PPE) when it is required by OSHA standards or by 

the employer. The host employer will usually have 

the primary responsibility for selecting, providing, 

and ensuring the use of adequate PPE for each 

process or operation workers are assigned. See 

TWI Bulletin #2 — Personal Protective Equipment2

for additional information.

The host employer is usually best situated to 

perform the hazard assessment required for 

determining if PPE is necessary and will likely have 

already done so for its permanent staff (29 CFR 

1915.152(b)).

1. TWI Bulletin #5 — Hazard Communication — www.osha.gov/

Publications/OSHA3860.pdf

2. TWI Bulletin #2 — Personal Protective Equipment — 

www.osha.gov/Publications/OSHA3780.pdf
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Medical Screening and Surveillance

When medical screening or surveillance is a 

requirement for task assignments, the host 

employer is often in the best position to be aware 

of those requirements and offer medical services 

for temporary workers. However, if the host 

employer assumes this responsibility, the staffing 

agency, as the employer of record, must ensure 

that the records of the required medical screening 

or surveillance are maintained (29 CFR 1910.1020(d)

(1)(i)). At a minimum, the host employer must 

inform the staffing agency about the medical 

screening and surveillance requirements and the 

medical services it has offered the temporary 

workers. See TWI Bulletin #9 — Noise Exposure 

and Hearing Conservation3 for additional 

information.

Incident, Injury, and Illness Investigations

Both the host employer and staffing agency should 

conduct thorough investigations of incidents that 

occur on the job, including injuries, illnesses, 

and near-misses, in order to determine the root 

cause(s), what immediate corrective actions 

are necessary, and what opportunities exist to 

improve injury and illness prevention programs. It 

is critical that both the host employer and staffing 

agency are jointly engaged and communicating 

when conducting these investigations. See TWI 

Bulletin #1 — Injury and Illness Recordkeeping 

Requirements4 for additional information.

Host Employer Responsibilities

The host employer is usually in the best position to 

provide site-specific training because it generally 

controls the means, methods and processes by 

which the work is accomplished, and so is familiar 

with the associated hazards. Also, while the 

host employer may take the lead on performing 

the worksite hazard assessment (or job hazard 

analysis), it should share the results with the 

3. TWI Bulletin #9 — Noise Exposure and Hearing Conservation 

Bulletin — www.osha.gov/Publications/OSHA3953.pdf

4. TWI Bulletin #1 — Injury and Illness Recordkeeping 

Requirements Bulletin — www.osha.gov/temp_workers/OSHA_

TWI_Bulletin.pdf

staffing agency and should also allow the staffing 

agency to conduct its own assessment. The host 

employer should provide the staffing agency 

with all screening and surveillance requirements 

for assigned tasks. The host employer should 

also partner with and allow access to the staffing 

agency when investigations are conducted.

Staffing Agency Responsibilities

The staffing agency is typically responsible for 

providing generic safety and health training so 

that its employees have a basic ability to identify 

hazardous situations, report hazards, injuries and 

illnesses, and understand their rights if confronted 

with a hazardous situation at a worksite. The 

staffing agency is also responsible for ensuring that 

employees receive proper site-specific training. In 

order to fulfill this obligation, the staffing agency 

must have a reasonable basis for believing that 

the host employer’s training adequately addresses 

the potential hazards to which employees will 

be exposed at the host employer’s worksite. If 

the staffing agency has reason to believe the 

site-specific training is not adequate, the agency 

should inform the host employer and work with 

the employer to provide adequate training. 

Alternatively, the staffing agency may elect to 

remove their workers from the host employer’s 

worksite if identified hazards are not corrected.

While the staffing agency may have a 

representative at the host employer’s worksite, 

the presence of that representative does not 

transfer responsibilities for site-specific training 

to the staffing agency. The staffing agency should 

conduct a walkthrough of the worksite to identify 

tasks that temporary employees will perform and 

any hazards related to those tasks. However, the 

employer originally responsible for the particular 

training (determined by supervision and control 

over the workers and hazards) must still ensure 

that the workers complete the training and that the 

training is adequate before work begins. Staffing 

agencies must evaluate the host employer’s 

worksite, ensure they understand medical 

screening and surveillance requirements, and 

conduct post-incident and illness investigations.
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Example Scenario

The examples provided below are intended to portray what often happens when temporary workers 

are not adequately trained for their job assignments or when appropriate coordination between host 

employers and staffing agencies is absent. 

SCENARIO #1

Staffing Company B received a request from Shipping Company A to supply general production 

workers. Staffing Company B, in advance of the production workers’ first day on the job, provided 

the temporary workers with general health and safety training. Upon starting work with Shipping 

Company A, the temporary workers were assigned a variety of tasks that included rigging, forklift 

operations, and fire watch. Later that week, a representative of Staffing Company B received a text 

message from one of their workers stating concern that they were tasked with rigging loads. The 

temporary workers had no such experience, nor were they trained to perform this type of work. 

Before Staffing Company B had the chance to discuss this concern with Shipping Company A, a 

hoisted load fell during rigging operations and injured one of the temporary workers.

ANALYSIS #1

Rigging is a critical part of shipyard employment. Riggers prepare ships’ equipment, components 

or sections for lifting by cranes, hoists or other material handling equipment. Improper rigging of a 

load or a rigging failure can expose riggers and other nearby workers to potential hazards. Riggers 

must be:

• Trained to understand the hazards associated with the assigned task;

• Qualified to do assigned work and comply with proper procedures;

• Aware of the surface conditions upon which a crane is operating;

• Familiar with the various and correct rigging techniques and rigging equipment (e.g., slings, 

shackles, hooks, hoists, blocks);

• Able to anticipate problems before they occur; and

• Aware of the weight of the load and understand the rated capacities of the crane and any 

rigging gear.

Staffing agencies are obligated to provide workers with training on generic safety and health 

topics, and verify that they understand the elements included in the training. Additionally, staffing 

agencies must inform workers that they have the right to refuse to do work they reasonably believe 

to be dangerous, or if they have not been adequately trained, and should contact the staffing 

agency immediately.

Host employers must provide temporary workers with safety training that is identical or equivalent 

to that provided to their own workers assigned to perform the same or similar work.

Staffing Company B and Shipping Company A were jointly responsible for training the temporary 

workers. The shipping company controls the workers’ activities in and around the shipyard, and, 

therefore, was in the best position to provide site-specific training on rigging. The staffing agency 

also had a responsibility to ensure the site-specific training was provided and completed by 

Shipping Company A.
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SCENARIO #2

Shipyard C needed 10 welders for a short-term increase in production, which Staffing Company 

B provided for the job. During welding operations, fumes drifted up into the breathing zone of the 

temporary workers. There was no mention of a respiratory protection program in Shipyard C’s 

contract with Staffing Company B, nor were respirators provided to the temporary workers. A week 

later, a temporary worker mentioned to a representative of Staffing Company B that the air was 

contaminated during welding and that respiratory protection had not been provided. When Staffing 

Company B discussed this with Shipyard C, the yard refused to supply the temporary workers with 

respirators, or discuss conducting an evaluation of potential respiratory hazards.

ANALYSIS #2

Since welding has the potential to result in air contamination and overexposure hazards for 

workers, employers must conduct an evaluation of the workplace for worker exposure to welding 

fumes (1910.134 (d)(1)(iii)). This evaluation must include a reasonable estimate of employee 

exposures to welding fumes and, if required, respirators must be provided along with the 

implementation and administration of all elements of a respiratory protection program. Shipyard 

C, which controls the worksite, was in the best position to identify and control overexposures (e.g., 

engineering or administrative controls). They were also best suited to select, provide, and maintain 

adequate respiratory protection, if the hazard evaluation so required.

Staffing Company B should have initially ensured that its employees’ potential overexposure to air 

contaminants was assessed before they were placed in a potentially hazardous environment. They 

could have verified that the shipyard had instituted an adequate respiratory protection program 

that complies with OSHA standards, including, but not limited to:

• Evaluate respiratory hazards;

• Supply and maintain, respirators when required; and

• Provide medical evaluations, fit-testing, and training to workers.

In Scenario #2, Staffing Company B discovered Shipyard C’s lapse in worker protection and 

addressed the issue with Shipyard C. However, Shipyard C refused to implement a respiratory 

protection program. Staffing Company B could remedy the issue by either implementing the 

missing elements of the program themselves, or withdrawing their temporary workers from the site 

until the protections were provided.

If Shipyard C was not equipped to provide respirators, they could have negotiated for Staffing 

Company C to provide the respirators and any other program elements that they could reasonably 

rely on the staffing agency to provide (e.g., fit tests and medical evaluations). In such a case, 

Shipyard C would have had to ensure that the respirators provided by Staffing Company C were 

adequate for the worksite’s hazards. Additionally, Shipyard C, with its knowledge and control 

over the hazards at their establishment, would have primary responsibility for implementing the 

program because it was in the better position to do so.

Shipyards and other related worksites commonly have workers who are employed by a host 

employer, contractor or subcontractor, or other sources. These “other sources” often include 

workers assigned by staffing agencies to work at specific “host” worksites under the direction 

and control of the host employer. Examples include unskilled laborers or skilled trade workers 

from a staffing agency who may be placed in either short or long term assignments with a host 
6

employer or other contractor. In these circumstances, it is important that each employer (staffing 

agency included) and contractor consider how work activities can affect the safety of other 

workers at the job site.

Effective communication and coordination among multiple employers means that each employer 

and their workers are aware of:

• The types of hazards that may arise from the work being done on-site by workers employed by 

contractors, subcontractors, or staffing agencies;

• The procedures or measures needed to avoid or control exposure to these hazards; and

• How to contact the host employer, contractor, subcontractor, or staffing agency if they have a 

safety concern.

This communication and coordination can be accomplished by openly and regularly exchanging 

information about hazards present on-site and the hazard control measures in place. Additionally, 

host employers, contractors, subcontractors, and staffing agencies should coordinate planning and 

scheduling associated with their work so that any conflicts or program differences can be resolved 

to avoid negative impact on worker safety or health.

MULTIPLE EMPLOYER SCENARIO

A staffing agency provided a shipyard employer with a temporary worker to assist in washing the 

wing tanks of a grain-carrying ship. A screw conveyor ran through each wing tank. Prior to cleaning, 

a shipyard employee locked out the screw conveyors to prevent unexpected start up. While the 

temporary worker was inside one of the tanks, standing on its screw conveyor, a member of the 

ship’s crew, who was unaware that anyone was inside the tank, activated the conveyor. The screw 

conveyor crushed and killed the temporary worker. Although a lockout procedure was in effect for 

the employee washing the tank, this information was not conveyed to the other employees, nor was 

there any coordination between employers about the tasks being performed.

MULTIPLE EMPLOYER ANALYSIS

Responsibilities for the control of hazardous energy must be assigned to all employers, and all 

employers must be held accountable for discharging those responsibilities properly within their 

scope (29 CFR 1915.89). At times, temporary workers are hired for non-routine, specialized work, or 

as workloads fluctuate (e.g., hiring a temporary worker to wash the wing tanks of a grain-carrying 

ship). Before entering the shipyard or worksite, contractors, subcontractors and staffing agencies 

and their workers should be aware of:

• The previous work or tasks accomplished and the types of hazards that may be present at the 

job site;

• The procedures or measures they need to use to avoid or control exposure to these hazards; and

• How to communicate with the host employer, contractor, subcontractor, or staffing agency to 

share worksite information, and report an injury, illness, incident, or safety concern.
State Plans

Twenty-eight states and U.S. territories have 

their own OSHA-approved occupational safety 

and health programs called State Plans. State 

Plans have and enforce their own occupational 

safety and health standards that are required to 

be at least as effective as OSHA’s, but may have 

different or additional requirements. A list of the 

State Plans and more information are available at: 

www.osha.gov/dcsp/osp. 

How Can OSHA Help?

Workers have a right to a safe workplace. If you 

think your job is unsafe or you have questions, 

contact OSHA at 1-800-321-OSHA (6742) or visit 

www.osha.gov. It’s confidential. We can help. For 

other valuable worker protection information, such 

as Workers’ Rights, Employer Responsibilities and 

other services OSHA offers, visit OSHA’s Workers’ 

page at www.osha.gov/workers.

For more information on Temporary Workers, visit 

OSHA’s Temporary Workers’ page at www.osha.gov/

temp_workers.

The OSH Act prohibits employers from retaliating 

against their employees for exercising their rights 

under the OSH Act. These rights include raising a 

workplace health and safety concern with either 

employer, reporting an injury or illness, filing an 

OSHA complaint, and participating in an inspection 

or talking to an inspector. If workers have been 

retaliated or discriminated against for exercising 

their rights, they must file a complaint with OSHA 

within 30 days of the alleged adverse action to 

preserve their rights under Section 11(c). For more 

information, visit www.whistleblowers.gov.

OSHA also provides help to employers. OSHA’s 

On-Site Consultation Program offers free and 

confidential occupational safety and health 

services to small and medium-sized businesses in 

all states and several territories, with priority given 

to high-hazard worksites. On-Site Consultation 

services are separate from enforcement and do not 

result in penalties or citations. Consultants from 

state agencies or universities work with employers 

to identify workplace hazards, provide advice 

on compliance with OSHA standards, and assist 

in establishing and improving safety and health 

programs. To locate the OSHA On-Site Consultation 

Program nearest you, call 1-800-321-6742 (OSHA) 

or visit www.osha.gov/consultation.

For this particular multiple employer worksite scenario, each employer was responsible for the 

control of hazardous energy. The host employer and the outside employer (being the vessel owner 

or representative) should have informed each other, in addition to the staffing agency, of their 

respective lockout and tagout procedures, ensuring that their employees understood, and complied 

with, all restrictions and prohibitions for the control of hazardous energy.

For additional guidance and example scenarios dealing with multiple employers, see OSHA 

Directive CPL02-00-124.
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Appendix A — Recommended Training Topics and Resources for Shipyard 

Employment Work

TOPICS RESOURCES

Worker Rights

• The right to a safe and healthful workplace

• The right to complain or request hazard 

correction from employers

• The right to file a complaint with OSHA

• The right to be free from retaliation

• Temporary Workers' Rights Pamphlet

• Temporary Worker Initiative (TWI) Bulletin 

No. 3 – Whistleblower Protection Rights

Walking & Working Surfaces

• Walking Surfaces

• Working Surfaces

• Guarding of Deck Openings & Edges

• Access to Vessels

• Access to Dry Docks & Marine Railways

• Housekeeping

• Safety While Working Alone in Shipyards

• Shipyard Employment eTool – Access and 

Guarding of Work Surfaces

• Shipyard Employment eTool – Housekeeping

Personal Protective Equipment

• Hierarchy of Controls

• Site & Task Specific PPE Requirements (must be 

based on workplace hazard assessment)

• Payment for PPE

• When the PPE is necessary

• Temporary Worker Initiative (TWI) Bulletin 

No. 2 — Personal Protective Equipment

• Eye Protection against Radiant Energy during 

Welding and Cutting in Shipyard Employment

• OSHA Safety and Health Topics Page — Personal 

Protective Equipment

Fall Protection/Scaffolding

• Scaffolds and Staging

• Ladders

• Personal Fall Arrest Systems

• Safe Work Practices For Marine Hanging Staging

• Aerial Lift Fall Protection Over Water

• Fall Protection Safety for Commercial Fishing

• Hanging Staging (Marine) OSHA eTool

Electrical

• 1915.181 — Subpart L (all four paragraphs)

• Lockout / Tags Plus

− More detailed for authorized employees

− Less detailed for affected employees

• Electrical Hazard Recognition (Arc Flash, Arc 

Blast, Electrical Shock)

• Control of Hazardous Energy Lockout/Tags-Plus

• Shipboard Electrical

• General Working Conditions in Shipyard 

Employment — Lockout/Tags-Plus Coordinator 

and Log
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TOPICS RESOURCES

Confined & Enclosed Spaces

• Definitions of Confined & Enclosed Spaces

• Confined Space Entry Permits, Warning & Labels

• Cleaning & Other Cold Work

• Hot Work

• Maintenance of Safe Conditions

• Confined Space Rescue Plan

• Ventilation in Shipyard Employment

• Hot Work — Welding, Cutting and Brazing

• Abrasive Blasting Hazards in Shipyard 

Employment

• Safely Performing Hot Work on Hollow or 

Enclosed Structures in Shipyards

• Hot Work Safety on Hollow or Enclosed Structures

• Confined Space Safety on Commercial 

Fishing Vessels

Fire Protection

• Facility Fire Safety Plan

• Alarms and Warnings

• Evacuation Procedures

• Fire Watch Responsibilities

• Fire Watch Safety during Hot Work in Shipyards

• Shipyard Fire Protection Frequently Asked 

Questions

• Fire Protection in Shipyard Employment

Hazard Communication

• Product Labels

• Safety Data Sheet (SDS)

• Pictograms

• Hazard Communication: Hazard Communication 

in the Maritime Industry

• Oil Spill Response: Training Marine Oil Spill 

Response Workers under OSHA's Hazardous Waste 

Operations and Emergency Response Standard

• OSHA Safety and Health Topics Page — 

Hazard Communication

Machine Guarding

• Nip Points

• Pinch Points

• Point Of Operation

• Methods of Safeguarding

• Powered Hand Tools

• Shipfitting

• OSHA Safety and Health Topics Page — Machine 

Guarding

Crane Safety

• Suspended Loads

• Safe Zones

• Pedestrian and Motor Vehicle Traffic

− Driving Policy

− Safe Walking Zones

• OSHA Directive — Maritime Cargo Gear 

Standards and 29 CFR Part 1919 Certification, 

CPL 02-01-055

• OSHA Safety and Health Topics Page — Crane, 

Derrick and Hoist Safety
TOPICS RESOURCES

Hazardous Waste

• Shipyard Rules/Practices

• Policy for Bringing Materials/Chemicals on 

the Yard

• Policy for the Storage of Material/Chemicals

• Reporting Spills

• Emergency Contacts

• Shipyard Employment Hazards during the 

Repair and Maintenance of Refrigeration 

Systems on Vessels

• OSHA Safety and Health Topics Page — 

Hazardous Waste

Radiation Safety

• Policy

• Shipyard Rules

• Signs

• Prerequisite Training Associated with the 

Job Being Performed

• Eye Protection against Radiant Energy during 

Welding and Cutting in Shipyard Employment

• OSHA Safety and Health Topics Page — Radiation

Injury Reporting and Recordkeeping

• Reporting Policy and Discrimination

• Responsibilities

• Temporary Worker Initiative (TWI) Bulletin No. 1 — 

Injury and Illness Recordkeeping Requirements

• OSHA Injury and Illness Recordkeeping and 

Reporting Requirements Page

• OSHA “Tool Bag” Directive, CPL 02-00-157 

Shipyard Employment

OSHA 3981-10 2019

Disclaimer: This bulletin is not a standard or regulation, and it creates no new legal obligations. It contains 

recommendations as well as descriptions of mandatory safety and health standards. The recommendations are 

advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful 

workplace. The Occupational Safety and Health Act requires employers to comply with safety and health standards 

and regulations promulgated by OSHA or by a state with an OSHA-approved state plan. In addition, the OSH Act’s 

General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from 

recognized hazards likely to cause death or serious physical harm.