Contractor Guidance on Avoiding OSHA and Other Legal Problems

$149.00

SKU: 409640

Description

Gain tips on ways to protect everyone at the worksite and mitigate liability.
The U.S. Department of Labors definition of an independent contractor has been in a state of flux between the ObamaTrumpBiden 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 thirdparty workerstemps, independent contractors, and day laborerscan 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 OSHAMSHA 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.

Date: 2022-09-27 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to define OSHAs MultiEmployer policy and which employers fall into multiple categories.

* You will be able to describe how OSHA expects injuriesillnesses involving contractors and temporary workers to be reported and recorded accurately.

* You will be able to discuss how training of thirdparty contractors must be conducted, documented, and evaluated.

* You will be able to explain why OSHA citations can impact thirdparty tort injury and wrongful death cases, as well as breach of contract actions.

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

BCSP ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,HR Certification Institute ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Adele L. Abrams, Esq., ASP, CMSP-Law Office of Adele L. Abrams P.C.