Employers’ Safety Obligations – Can’t Be Contracted Away

The California Department of Industrial Relations issued a news release yesterday with links to new guidance materials for employers.  The new guidance materials explain an employer’s safety obligations in the context of temporary and leased employees.  The guidance is based upon Staffchex decision from the Occupational Safety and Health Appeals Board.  In that decision, the Appeals Board narrowed the defenses available to employers whose employees work at the location of another employer.  In short, employers must ensure that the other employer’s worksite is safe.  The decision is a reminder of the importance of a carefully drafted contract between the primary employer and the secondary/recipient employer.  While the legal obligation to provide a safe workplace cannot be contracted away, a well-constructed contract can provide the respective employers with protection from the exposure.

The news release can be found at http://www.dir.ca.gov/DIRNews/2015/2015-58.pdf