Gain tips on ways to protect everyone at the worksite and mitigate liability.
The U.S. Department of Labor's definition of an independent contractor has been in a state of flux between the Obama/Trump/Biden administrations. This can create confusion about the classification of workers and the responsibilities the host employer has under the Occupational Safety & Health Act, the Mine Safety & Health Act, and implementing policies. Both agencies provide for situations where an employer can be dually cited, along with staffing agencies or contractors, with penalties of up to $145,000 (OSHA) or $291,000 (MSHA) per violation. Injuries impacting third-party workers--temps, independent contractors, and day laborers--can also trigger tort liability against the host employer or general contractor in the millions of dollars. This session will provide the most current guidance from OSHA/MSHA on their independent contractor protection initiatives and enforcement programs. This course will offer tips on ways to protect everyone at the worksite, coordinate safety programs, improve safety culture, manage compliance, and mitigate liability.
Learning Objectives
- You will be able to define OSHA's Multi-Employer policy and which employers fall into multiple categories.
- You will be able to describe how OSHA expects injuries/illnesses involving contractors and temporary workers to be reported and recorded accurately.
- You will be able to discuss how training of third-party contractors must be conducted, documented, and evaluated.
- You will be able to explain why OSHA citations can impact third-party tort injury and wrongful death cases, as well as breach of contract actions.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview
- Overview: Contractors and Temporary Worker Safety
- Definition of Independent Contractor and Worker Misclassification Issues
- OSHA Policy on Contractor Enforcement
- MSHA Policy on Contractors and New Training Initiative
- Tort and Contract Issues Involving Contractors in the Workplace
Multi-Employer Worksite Compliance
- Hensel Phelps Decision and OSHA's Multi-Employer Doctrine
- Controlling Employer Issues
- Creating/Exposing Employer Issues
- Correcting Employer Issues
- Use of Contracts for OSHA Enforcement
- Reporting and Recordkeeping Considerations
Best Practices for Improved Contractor Safety
- Prequalification Programs
- Searching Public Databases
- Coordination of Programs: Host and Contractor(s)
- Supervision and Training Issues
Conclusion
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 27, 2022.
Call 1-866-352-9540 for further credit information.
- BCSP
- This course is applicable to safety professionals. Professionals interested in credit through the Board of Certified Safety Professionals (BCSP), please contact the board at 1-317-593-4800, or you can access the Recertification Guide here: https://www.bcsp.org/recertification.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.3
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.3 hours credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NM CLE 1.2
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.2 hours of credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
- ICC 0.1
- Lorman Education Services is an International Code Council Preferred Provider. This event is approved for 0.1 CEU's through ICC.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Adele L. Abrams, Esq., ASP, CMSP
Law Office of Adele L. Abrams P.C.
- Senior Counsel, Littler Mendelson PC, Washington, DC
- Represents employers in OSHA/MSHA litigation nationwide
- Author of multiple safety textbooks and regular columnist on OHS issues
- Certified Mine Safety Professional and Associate Safety Professional
- Professional Member, American Society of Safety Professionals
- JD Degree, George Washington University; BS degree, University of Maryland, College Park (Go Terps!)
- Can be contacted at [email protected] or 771-217-7298
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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