Evaluation and Contracting—Best Practices Checklist for Host Employers

Evaluation

Prior to writing and signing a contract, HEs and SCs 

should evaluate all facets of safety and health related 

to each organization and the jobs TWs are being hired 

to perform. As part of this process, HEs should do the 

following:

 Conduct a joint risk assessment. Conduct a 

joint risk assessment with the SC, including 

a review of these items: 

F Task assignments

F Written job descriptions

F Anticipated exposures

F Job hazard analyses

F Equipment and/or machinery

F Worksites 

 Provide information. Provide the SC with 

requested safety data, safety and health 

program materials, and other information 

that will allow them to evaluate the safety 

and health of the worksites.

 Allow site visits. Invite a representative 

from the SC to visit the worksites and 

conduct a walkthrough.

 Ensure commitment to safety and health.

Ensure the SC has a commitment to safety 

and health, including the following:

F A process to evaluate job candidates 

for the necessary qualifications and/or 

experience

F An adequate safety and health program, 

which includes a general safety and health 

awareness training provided to TWs prior 

to placing them on an assignment

Contracting

The written contract between the HE and the SC should 

clearly specify the following information:

 Pertinent job details

F Approved tasks and qualifications. The 

approved tasks and qualifications as 

stated in the written job descriptions, 

including the following:

F The tasks the TWs are approved to 

perform

F Any hazardous tasks the TWs will NOT 

perform and any equipment and/or 

machinery they are NOT allowed to 

operate

F The necessary qualifications and/

or experience the TWs must have to 

perform the job

F Hazards and controls. All anticipated 

hazards that may be encountered by the 

TWs and hazard controls that will be in 

place, including information about safety 

data sheets (SDSs)

F Training. The training each employer will 

provide to the TWs before they start their 

assignment and in which language(s) it 

will be offered

F Personal protective equipment. What 

personal protective equipment (PPE) will be 

needed and which employer will: 1) pay for 

and supply it; 2) ensure it’s the appropriate 

type and fits correctly; 3) conduct a medical 

evaluation and fit test for all types of PPE 

that require it; and 4) train the TWs on how 

to properly use and maintain it before they 

start their assignment

 Communication and documentation 

responsibilities

F Qualifications and experience. What documentation the SC will provide to the HE 

regarding each TW’s specific qualifications 

and/or experience relevant to the tasks to 

be performed

F Ongoing risk assessment. Specific time 

intervals at which the HE and SC will jointly 

review all work and worksites to identify 

potential safety and health hazards and 

update necessary training and PPE for each 

TW on an ongoing basis

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F Changes to job tasks. The steps the HE will 

take in order to make changes to job tasks, 

including these:

F Providing an updated written job 

description to the SC and the TWs 

and providing an updated job hazard 

analysis to the SC

F Updating training and PPE 

requirements

F Giving the SC enough notice to 

evaluate the new tasks (and worksites 

if applicable) and the ability of the TWs 

to take on the new tasks

F Receiving written approval of the 

change from the SC before TWs undertake the new tasks

F Changes to hazards. The steps the HE will 

take for providing the SC with written disclosures of any changes to hazards that 

occur during the duration of the contract

F Training. The procedures for maintaining 

and sharing documentation of safety and 

health training provided by both employers

F OSHA investigation. The responsibility of 

the HE to inform the SC when it is under 

OSHA investigation and the nature of the 

complaint

 Injury and illness reporting, response, and 

recordkeeping responsibilities

F Reporting by temporary workers. Procedures for TWs to report work-related 

injuries, illnesses, and close-calls and to 

communicate safety and health concerns 

to the HE and the SC without fear of retaliation, as well as the procedures for both 

employers to inform one another immediately after a TW injury, illness, close-call, or 

concern is reported

F OSHA reporting and recordkeeping. The 

responsibility of the HE to report serious 

TW injuries and illnesses to OSHA and to 

record TW injuries and illnesses on their 

OSHA 300 Log

F Coordinating medical treatment and return to 

work. The general procedures for coordinating medical treatment and return to work (if 

applicable) following a TW injury or illness

F Fulfilling record requests. Which employer 

will make injury and illness records 

available upon the request of a TW or 

worker representative

 Other aspects of workplace safety 

and health

F Supervision. Which employer is responsible 

for providing direct supervision of the TWs

F Peer mentors. The process by which each 

TW may be paired with an experienced and 

knowledgeable permanent worker to serve 

as their mentor or ”go to” person and how 

the process will be overseen and periodically reviewed by mid- and senior-level 

managers from both employers

F Workers’ compensation. Which employer is 

required to verify and pay for workers’ compensation coverage for the TWs during the 

duration of the contract 

F Infectious disease prevention and response.

How the HE and the SC will protect TWs 

from infectious diseases; HEs should apply 

the same infectious disease prevention and 

response policies and protections to TWs 

that are applied to the HE's own employees.

F Medical surveillance and screening. The 

responsibility of the HE to conduct medical 

surveillance and screening of the TWs if 

they are exposed to a workplace condition 

that requires it and to share the results with 

the SC and the TWs

F Secure sites. If the TWs will be placed at 

secure worksites, how the HE and SC will 

work together to establish a protocol for 

the TWs and SC representatives to gain 

access to the sites, including protocols to 

ensure personal security

F Ensuring standard and consistent work 

practices. Processes in place to ensure that 

standard and consistent work practices are 

documented, taught, and enforced

F Tracking effectiveness. Ways to track the 

effectiveness of safety and health policies 

and practices of both employers.

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Training for Temporary Workers and Their Worksite Supervisors—Best Practices 

Checklist for Host Employers

Temporary Worker Training

Site- and task-specific safety and health training should 

be provided for all TWs before they start a new assignment or start new jobs/tasks on existing assignments. 

Site- and task-specific training for TWs should include 

information on the following topics:

 Approved tasks and qualifications. The 

approved tasks and qualifications as stated 

in the written job descriptions, including:

F The tasks the TWs are approved to perform 

with an emphasis that the TWs should not 

perform any new tasks without the HE first 

obtaining written approval from the SC

F Any hazardous tasks the TWs will NOT 

perform and any equipment and/or 

machinery they are NOT allowed to operate

 Hazard identification and control. How to 

recognize site- and task-specific hazards 

and understand the best ways to reduce 

and/or eliminate them, including the 

location of SDSs and how to obtain copies

 Personal protective equipment. Required 

PPE, including this information:

F Which employer will: 1) pay for and supply 

it, 2) ensure it’s the appropriate type and 

fits correctly, and 3) conduct a medical 

evaluation and fit test for all types of PPE 

that require it

F How to properly don, doff, adjust, and 

maintain it, as well as its limitations 

and shelf life (or provide a review of this 

information if the SC has already provided 

this training as stated in the written 

contract)

 OSHA laws. Employer responsibilities 

and workers’ rights and responsibilities 

under OSHA law, including the Right to 

Refuse Dangerous Work (https://www.

osha.gov/workers/right-to-refuse) and 

Whistleblower Protection Rights (https://

www.osha.gov/Publications/OSHA3781.

pdf), with an emphasis that TWs have 

the same rights and responsibilities as 

non-TWs

 First aid. How to obtain first-aid treatment

 Emergency procedures. Site- and taskspecific emergency procedures, including 

exit routes

 Reporting safety and health incidents and 

concerns. The responsibility of the TWs to 

report all work-related injuries, illnesses, 

and close-calls and to communicate safety 

and health concerns as soon as possible 

to both the HE and the SC, including the 

following:

F Procedures for how to do so

F What to expect after reporting 

F An emphasis that they will not be punished 

or looked down upon for doing so

 Secure sites. If the TWs will be placed at 

secure worksites, how to gain access to 

the sites, including protocols to ensure 

personal security

 Safety and health program participation. 

How the TWs can participate in the HE’s 

safety and health program, including safety 

meetings/committees, toolbox talks, 

scheduled trainings, and hazard-specific 

programs

In relation to safety and health training for TWs, HEs 

should also do the following:

 Assess knowledge. Have the TWs complete 

a knowledge assessment (in a language 

they understand) to ensure they understand 

key concepts from site- and task-specific 

safety and health training before starting 

the assignment.

F If gaps in knowledge are found, repeat 

training and reassess the workers’ 

knowledge.

 Document training. Document the datewhen site- and task-specific training for the 

TWs is completed, the names of workers 

trained, and the names of the instructors.

F Provide copies of site- and taskspecific training documentation to 

the SC upon request.

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 Evaluate staffing company training 

materials. Review the general safety and 

health awareness training provided by 

the SC to determine if it is adequate and 

includes these items:

F Specific details of the assigned job

F A basic overview of employer responsibilities and workers' rights and 

responsibilities 

F Common hazards and protections, including any PPE provided by the SC

F If the general safety and health awareness 

training provided by the SC is not 

sufficient, the HE should document 

and communicate this to the SC with 

a recommendation for what additional 

training the SC should provide.

Supervisor Training

In addition to providing site- and task-specific training 

to TWs, HEs should also provide training to those who 

will be supervising the work of TWs. This training 

should include information on the following topics:

 Approved tasks. The approved tasks as 

stated in the written job descriptions, 

including the following:

F The tasks the TWs are approved to perform 

with an emphasis that the TWs should not 

perform any new tasks without the HE first 

obtaining written approval from the SC

F Any hazardous tasks the TWs will NOT 

perform and any equipment and/or 

machinery they are NOT allowed to operate

 Changes to job tasks. The process for 

modifying job tasks as described in the 

written contract

 Mentoring and supervision. Their 

responsibility to provide the TWs with 

supervision that is identical or equivalent 

to that provided to the HE's own employees 

performing the same or similar work 

and the potential need to provide extra 

mentoring and supervision to new TWs who 

may be inexperienced with the assigned 

tasks and unfamiliar with the worksites

 OSHA laws. Employer responsibilities and 

workers’ rights and responsibilities under 

OSHA law, including the Right to Refuse 

Dangerous Work (https://www.osha.gov/

workers/right-to-refuse) and Whistleblower 

Protection Rights (https://www.osha.gov/

Publications/OSHA3781.pdf), with an 

emphasis that TWs have the same rights 

and responsibilities as non-TWs

 Communication and reporting. How to 

communicate with the TWs about their 

performance and safety-related behavior 

and encourage them to report all workrelated injuries, illnesses, close-calls, and 

safety and health concerns as soon as 

possible

 Joint responsibilities. The safety and 

health responsibilities of the HE and the 

SC, including those pertaining to training, 

PPE, hazard communication, and injury 

and illness reporting, response, and 

recordkeeping as specified in the written 

contract.

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Injury and Illness Reporting, Response, and Recordkeeping—Best Practices Checklist 

for Host Employers

Reporting

With regards to reporting of TW injuries and illnesses, 

HEs should do the following:

 Promote injury and illness reporting. Ensure 

the TWs are aware of procedures to report 

work-related injuries, illnesses, and closecalls and are encouraged to communicate 

safety and health concerns without fear of 

retaliation.

 Inform staffing companies. Inform the SC 

immediately if a TW experiences a workrelated injury, illness, or close-call.

 Report to OSHA. Report fatalities to OSHA 

within 8 hours and injuries and illnesses 

involving amputation, loss of an eye, 

or in-patient hospitalization within 24 

hours. Reporting requirements vary in 

states with OSHA-approved state plans, 

so it is important to check state-specific 

occupational safety and health laws 

(https://www.osha.gov/stateplans/).

Response

With regards to responding to TW injuries and illnesses, 

HEs should do the following:

 Conduct joint incident investigations. 

Engage in partnership with the SC to 

conduct thorough investigations of TW 

injuries, illnesses, and close-calls, including 

involvement of the affected workers, in 

order to determine the following:

F The root causes

F Corrective actions 

F Opportunities to improve their respective 

injury and illness prevention programs

 Coordinate medical treatment and return 

to work. Ensure TWs and their supervisors 

are aware of the general procedures 

for coordinating medical treatment and 

return to work (if applicable) following 

a work-related injury or illness.

Recordkeeping

With regards to recordkeeping of TW injuries and

illnesses, HEs should do the following:

 Record on OSHA 300 Log. Record TW 

injuries and illnesses on their OSHA 300 

Log. 

 Complete staffing company documentation. 

Complete SC documentation of the 

incident as required by the SC’s workers’ 

compensation carrier (for example, a 

Supervisor’s Report of Injury/Illness Form).

 Fulfill record requests. Coordinate with 

the SC to make injury and illness records 

available upon request of a TW or 

worker representative as indicated in the 

written contract.

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