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Co-Employment, Safety and Getting the
 Most out of Your Contract Workforce
          Rob Loose, PHR, ASP
         Adam H. Hatcher, Esq.
MAU Workforce Solutions



 Founded in 1973
 Corporate Office located in
  Augusta, GA
 Southeastern company with +/-
  6,000 associates
 Minority Owned and Privately
  Held
 Core Business is Manufacturing
 Scalable Staffing and Recruiting
  Solutions
Presenters

Adam Hatcher, MAU General Counsel

Adam Hatcher is the General Counsel of MAU Workforce
Solutions. Hatcher graduated from University of Virginia
and the Wake Forest School of Law, working as a
prosecutor and in private practice before joining MAU. He
is a member of the Association of Corporate
Council, Society for Human Resource
Management, American Staffing Association and the South
Carolina Chamber of Commerce’s Legislative Task Force.




                    Robert Loose, MAU Safety & Risk Manager
                    Safety Professional with Manufacturing, HR and Health Care management
                    experience, Rob has worked for MAU Workforce Solutions since 2006 supporting
                    both HR and operations functions. Currently he serves as MAU’s Corporate Safety
                    & Risk Manager. Rob is a 1998 graduate of Brigham Young University, and is a
                    certified Professional of Human Resources and Associate Safety Professional. He is
                    also the Vice President the American Society for Safety Engineers’ Augusta, Georgia
                    Chapter.
Agenda


   Co-Employment Defined
   OSHA Multi Employer Doctrine
   Three (3) Case Studies
   Six Way Responsibility Tips
   Get more out of a contract
    workforce
Co-Employment Defined




 Adam H. Hatcher, Esq.
Co-Employment Defined




 Your Role
Co-Employment Defined




 Responsibility
Co-Employment Defined




           Two Way Responsibility
Employer                             Employees
Co-Employment Defined


                Client




               Six Way
            Responsibility

Contract                       Staffing
Associate                     Employer
Co-Employment Defined




Responsibility
A Complete Safety Culture
A Complete Safety Culture




297 Safe Days!!
A Complete Safety Culture


OSHA Multi-Employer Worksite Doctrine


   Exposing Employer
   Creating Employer
   Controlling Employer
   Correcting Employer


    OSHA Instruction CPL 2.103
    (the FIRM)
A Complete Safety Culture


OSHA Multi-Employer Worksite Doctrine


   Exposing Employer
   Creating Employer
   Controlling Employer
   Correcting Employer


    - 29 CFR 1904.7 Citation
A Complete Safety Culture


  OSHA Multi-Employer Worksite Doctrine

 Partial Safety Model
 Inclusive Safety Model
 Outsourced Safety Model
Safety Culture Studies


Partial Safety Model
Safety Culture Studies


           Partial Safety Model



 29 CFR
1910.178
Safety Culture Studies



 MODEL          CREATE   EXPOSE     CONTROL    CORRECT   OWNERSHIP   TAKE RESPONSIBILITY?




PARTIAL         Host     Host        Host       Host       Host              NO




    - 29 CFR 1910.178(l) Citation
Safety Culture Studies



Inclusive Safety Program
Safety Culture Studies



  MODEL          CREATE   EXPOSE     CONTROL    CORRECT   OWNERSHIP   TAKE RESPONSIBILITY?




PARTIAL          Host     Host        Host       Host       Host              NO



INCLUSIVE        Host     Host        Host       Host       Host             YES




     - 29 CFR 1910.178(l) Citation
Safety Culture Studies



Outsourced Safety
Program
Safety Culture Studies



   MODEL          CREATE   EXPOSE     CONTROL    CORRECT   OWNERSHIP   TAKE RESPONSIBILITY?




  PARTIAL         Host     Host        Host       Host       Host              NO



 INCLUSIVE        Host     Host        Host       Host       Host             YES



OUTSOURCED                                                                    YES




      - 29 CFR 1910.178(l) Citation
Safety Culture Studies




ORG-PROGRAM-117021
A Complete Safety Culture



Six Way Question No. 1

   Have you had a
       conversation?
A Complete Safety Culture



Six Way Question No. 2

   Have you checked the
   contract?
A Complete Safety Culture



Six Way Question No. 3

   Are they ready for
   OSHA?
A Complete Safety Culture



Six Way Question No. 4

   Who is a “manager”?
A Complete Safety Culture




Questions
      Ready?
A Complete Safety Culture




Walt’s
Responsibility
A Complete Safety Culture




Questions &
     Answers
Co-Employment, Safety and Getting the
 Most out of Your Contract Workforce
          Rob Loose, PHR, ASP
         Adam H. Hatcher, Esq.

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Safety & Co-Employment Webinar

  • 1. Co-Employment, Safety and Getting the Most out of Your Contract Workforce Rob Loose, PHR, ASP Adam H. Hatcher, Esq.
  • 2. MAU Workforce Solutions  Founded in 1973  Corporate Office located in Augusta, GA  Southeastern company with +/- 6,000 associates  Minority Owned and Privately Held  Core Business is Manufacturing  Scalable Staffing and Recruiting Solutions
  • 3. Presenters Adam Hatcher, MAU General Counsel Adam Hatcher is the General Counsel of MAU Workforce Solutions. Hatcher graduated from University of Virginia and the Wake Forest School of Law, working as a prosecutor and in private practice before joining MAU. He is a member of the Association of Corporate Council, Society for Human Resource Management, American Staffing Association and the South Carolina Chamber of Commerce’s Legislative Task Force. Robert Loose, MAU Safety & Risk Manager Safety Professional with Manufacturing, HR and Health Care management experience, Rob has worked for MAU Workforce Solutions since 2006 supporting both HR and operations functions. Currently he serves as MAU’s Corporate Safety & Risk Manager. Rob is a 1998 graduate of Brigham Young University, and is a certified Professional of Human Resources and Associate Safety Professional. He is also the Vice President the American Society for Safety Engineers’ Augusta, Georgia Chapter.
  • 4. Agenda  Co-Employment Defined  OSHA Multi Employer Doctrine  Three (3) Case Studies  Six Way Responsibility Tips  Get more out of a contract workforce
  • 5. Co-Employment Defined Adam H. Hatcher, Esq.
  • 8. Co-Employment Defined Two Way Responsibility Employer Employees
  • 9. Co-Employment Defined Client Six Way Responsibility Contract Staffing Associate Employer
  • 11. A Complete Safety Culture
  • 12. A Complete Safety Culture 297 Safe Days!!
  • 13. A Complete Safety Culture OSHA Multi-Employer Worksite Doctrine  Exposing Employer  Creating Employer  Controlling Employer  Correcting Employer OSHA Instruction CPL 2.103 (the FIRM)
  • 14. A Complete Safety Culture OSHA Multi-Employer Worksite Doctrine  Exposing Employer  Creating Employer  Controlling Employer  Correcting Employer - 29 CFR 1904.7 Citation
  • 15. A Complete Safety Culture OSHA Multi-Employer Worksite Doctrine  Partial Safety Model  Inclusive Safety Model  Outsourced Safety Model
  • 17. Safety Culture Studies Partial Safety Model 29 CFR 1910.178
  • 18. Safety Culture Studies MODEL CREATE EXPOSE CONTROL CORRECT OWNERSHIP TAKE RESPONSIBILITY? PARTIAL Host Host Host Host Host NO - 29 CFR 1910.178(l) Citation
  • 20. Safety Culture Studies MODEL CREATE EXPOSE CONTROL CORRECT OWNERSHIP TAKE RESPONSIBILITY? PARTIAL Host Host Host Host Host NO INCLUSIVE Host Host Host Host Host YES - 29 CFR 1910.178(l) Citation
  • 22. Safety Culture Studies MODEL CREATE EXPOSE CONTROL CORRECT OWNERSHIP TAKE RESPONSIBILITY? PARTIAL Host Host Host Host Host NO INCLUSIVE Host Host Host Host Host YES OUTSOURCED YES - 29 CFR 1910.178(l) Citation
  • 24. A Complete Safety Culture Six Way Question No. 1 Have you had a conversation?
  • 25. A Complete Safety Culture Six Way Question No. 2 Have you checked the contract?
  • 26. A Complete Safety Culture Six Way Question No. 3 Are they ready for OSHA?
  • 27. A Complete Safety Culture Six Way Question No. 4 Who is a “manager”?
  • 28. A Complete Safety Culture Questions Ready?
  • 29. A Complete Safety Culture Walt’s Responsibility
  • 30. A Complete Safety Culture Questions & Answers
  • 31. Co-Employment, Safety and Getting the Most out of Your Contract Workforce Rob Loose, PHR, ASP Adam H. Hatcher, Esq.

Editor's Notes

  1. Chat box testHow do you feel that election is over?
  2. Scenario:You are HR Manager at manufacturing facilityBlended workforce (onsite manager)Popular place with plant tours and a storeExercise: Who is under your roof?
  3. Exercise: Who is under your roof?
  4. Safety Observation bonusCriteria:6 observations in a quarterWorked at least ½ the quarterNo write upsYou’re responsible for keeping up with everythingYou’re responsible for payingYou’re responsible for FLSA adjustments
  5. Of the people on the list, who are you responsible to pay the bonus? Actually pay.Of the people on the list, who are you responsible to get out?
  6. Transition: Who would OSHA expect to record the accident?
  7. Explain the Doctrine generally.
  8. Rob as the OSHA Compliance OfficerHazard = Forklift accidentWhere would Rob expect to find the accident logged?
  9. Overview of the 3 models
  10. Describe workplaceDescribe forklift training program
  11. 29 CFR 1910.178(l)Rob the Compliance Officer: Looking for training violations. Use the next slide to explain who you would be likely to cite.
  12. Describe workplaceDescribe forklift training programSide not about safety bonusNow for Rob the OSHA Compliance Officer…
  13. Describe workplace and what outsourcing looks likeDescribe the forklift training process
  14. California case
  15. Make the contract consistent with your conversation.
  16. Audit your supplier to make sure they are keeping their end of the bargain.
  17. Generally, “management” includes, but is not limited to, activities such as interviewing, selecting, and training of employees;setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures. 1904.729 CFR Part 541
  18. NOT PERCEPTION!!!! – WALTTOOK RESPONSIBILITY FOR EVERYONE