Temporary Workers: Not Just a 'Guest Employee'

Employees are not defined by OSHA based on who pays them. What matters is whether there is an employer-employee relationship between the parties. Criteria OSHA uses to determine that relationship includes:

• The nature and degree of control the hiring party asserts over the manner in which the work is done.
• The degree of skill and independent judgment the temporary worker is expected to apply.
• The extent to which the services provided are an integral part of the employer's business.
• The right of the employer to assign new tasks to the worker.
• Control over when the work is performed and how long it takes.

So, if you have temporary workers in your plant and you are telling them how, when and where to do their job, and the work they do is integral to your business, under OSHA they are your employees. If they get hurt or need training, personal protective gear, hearing exams, medical surveillance or air monitoring, they must receive the same treatment as your regular employees.