CONTRACT LANGUAGE FOR STAFFING AGENCY & HOST-EMPLOYER

Nixer Comp understands the complexities and responsibilities Temporary Staffing companies and host-employers have as joint employers. As joint-employers, both firms are responsible for providing a safe working environment for temporary workers, as mandated by the Occupational Safety and Health Administration (OSHA). The Staffing firm has a duty to work with the host-employer to ensure OSHA requirements are met.

The extent of each entity’s responsibility varies depending on workplace conditions and should be outlined in a contractual agreement between the Staffing firm and host-employer. Sometimes these safety and health responsibilities overlap. It’s critical therefore that a clear and common understanding of each party’s division of worker safety and health responsibilities exists and appropriately documented in a written contract.

Nixer Comp has developed contractual language for these agreements, with an emphasis on:

• Duties of the Host-Employer
• Joint Safety Responsibilities between Client-Insured and Host-Employer

We strongly encourage client-insureds to discuss the terms we provide with their legal counsel and incorporate them in their written agreements with each of their host-employers.