Employer Requirements For Legally Effective Contractor Selection, Classification & NLRB Joint Employer Rule

Webinar Background & Agenda:

The US Department of Labor’s definition of “independent contractor” has been in a state of flux, between the Obama/Trump/Biden administrations, and this has created a lot of confusion about classification of workers and the responsibilities that the host employer has under the Occupational Safety & Health Act, the Mine Safety & Health Act, and implementing policies. To add to the chaos, the Joint Employer Final Rule was also published recently by NLRB. Both agencies also provide for situations where an employer can be dually cited along with staffing agencies or contractors, with penalties of up to $156,000 (OSHA) or $313,000 (MSHA) per violation. Injuries impacting third party workers – temps, independent contractors, and day laborers – can also trigger tort liability against the host employer or General Contractor in the millions of dollars. This session will provide the most current guidance from OSHA/MSHA on their independent contractor protection initiatives and enforcement programs, contractor selection and prequalification criteria, unique issues involving temporary workers, and will include tips on how to protect everyone at the worksite, coordinate safety programs, improve safety culture, manage compliance, and mitigate liability.

Training Agenda :

• New NLRB Final Rule on Joint Employer Status
• Contractors and Temporary Worker Safety: Classification  and Selection Issues 
• OSHA policy on contractor enforcement - the multi-employer worksite in the wake of the Hensel-Phelps decision
• MSHA new enforcement initiative targeting contractors
• Tort and Contract Issues Involving Contractors and Third Party Workers in the Workplace
• Use of Contracts for OSHA Enforcement and the role of ANSI standards
• OSHA/MSHA Recordkeeping and Injury Reporting Considerations
• Best Practices for Improved Contractor Safety 
• Prequalification Programs - Use of screening companies, and internal methods including review of publicly available data
• Coordination of Programs: Host and Contractor(s), and Temporary Agencies
• Supervision and Training Issues

Ask your questions & get expert advice directly from the speaker during the informative Q/A session at the end of the webinar session.

About The Trainer : Adele L. Abrams, Esq., ASP, CMSP, is an attorney, safety professional and trainer who is president of the Law Office of Adele L. Abrams P.C., a national firm focusing on safety, health and employment law. Adele is an ASP and certified mine safety professional and she also provides consultation, safety audits and training services. Adele is co-author of several books related to mining, construction, employment law, and occupational safety and health. She is a member of multiple state bars and federal courts, including the United States Supreme Court. She is a graduate of the George Washington University’s National Law Center. Her professional memberships include the American Society of Safety Professionals, and National Safety Council, and in 2017, she received the NSC’s Distinguished Service to Safety Award. She is a multiple recipient of the ASSP’s Safety Professional of the Year Award. She was named an Avetta Fellow in 2022.