Washington State Has a New Temp Worker Law — How Do California Laws Compare?

  1. When a labor contractor provides temporary workers to a host employer, the latter must share all civil liability and legal responsibility with the former for the payment of wages as well as any failure to provide workers’ compensation coverage (required by Section 3700).
  2. A client company or employer cannot pass off any legal responsibilities or liabilities under the California/OSHA provisions to a labor contractor concerning the workers provided by the labour contractor.
  3. As and when a state enforcement agency demands relevant information to ensure compliance with applicable state laws, an employer or a labor contractor is bound to provide it to the concerned agency or department.
  1. Either of the two employers assumes the responsibility of covering the worker under workers’ compensation insurance. Who finally assumes the responsibility depends on the type of contract between them, but neither can deny responsibility or pass the buck to the other,
  2. Both employers have to take necessary steps to safeguard the worker from workplace injuries and illnesses, and
  3. Both employers need to have an injury and illness prevention plan that covers hazards encountered by the temp worker.
  1. Inquire about the worksite employer’s safety and health practices and hazards at the actual workplace to assess the safety conditions, workers tasks, and the worksite employer’s safety program,
  2. Provide general awareness safety training to the employee for for recognized industry hazards the employee may encounter at the worksite,
  3. Provide, as a part of materials given to the employee, the department’s hotline number for reporting safety hazards and concerns, and
  4. Document and inform the staffing agency about anticipated job hazards likely encountered by the staffing agency employee.

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