The use of “leased” employees continues to skyrocket. Between 1992 and 2017, it is estimated that the number of people working for employee leasing firms increased 682%, from 341,884 to 2.7 million. There are a variety of reasons companies use leased employees. However, host businesses should be aware that even though they are not the “employer” of record, they still have safety and health obligations under OSHA. Under OSHA’s Multi-Employer Citation Policy, CPL 2-0.124 (the “Multi-Employer Policy”), more than one employer may be citable for a hazardous condition that violates an OSHA standard in certain circumstances, including an employer that exposes an employee to the hazard. This is an important reminder because, under normal circumstances, leased employees may not be provided the same level of training as a host company’s employees.
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