At the urging of ASA and members of the ASA employee safety committee, the U.S. Centers for Disease Control and Prevention recently updated its website to state that temporary workers should be included in clients’ vaccination plans for essential workplaces. This development is significant, as some health care clients had been reluctant to include temporary workers.
Specifically, CDC states: “For workers employed by contract firms or temporary help agencies, the staffing agency and the host employer are joint employers and, therefore, both are responsible for providing and maintaining a safe work environment. Workers should be considered for vaccination prioritization according to the primary industry activities at the site(s) where they work, even if the industry category of their actual employer does not fall within these lists. If offering on-site vaccination to employees, host employers should consider offering vaccination to temporary and/or contracted employees.”
In addition, in its Essential Workers Tool Kit, CDC makes this statement to staffing clients: “If you plan to offer vaccination at your workplace, consider providing vaccination to all people working at the workplace, regardless of their status as a contract or temporary employee. What is most important is to encourage everyone at the work site to be vaccinated, no matter what their work arrangement is.”
ASA participates in the government’s National Occupational Research Agenda service sector group, which provides a research framework to CDC. Through NORA, ASA urged CDC to address clients’ vaccination of temporary workers.
The Form I-9 is a complicated two-page document that is accompanied by a 65-page handbook explaining how to complete it. There are many facets of I-9 completion that are unique to staffing firms. E-Verify is an Internet-based system maintained by U.S. Citizenship and Immigration Services that allows businesses to verify the work eligibility of employees. The American Staffing Association offers this document to address the Form I-9 and E-Verify issues that staffing firms face most frequently. More ›
Staffing firm clients have increasingly adopted policies limiting the length of assignment of staffing firm workers as way to protect against the kind of “retro-benefits” claims faced by Microsoft. Some client policies appear to be based on the erroneous belief that, after working for a certain period of time, staffing firm employees are automatically eligible for coverage under the client’s benefits plans. To help dispel some of the common misperceptions, ASA has developed an issue paper that discusses the basic principles of law that apply to employee benefit plans and the steps clients can take to avoid retro-benefits exposure. More ›
This agreement is to be used when a staffing firm supplies assigned workers to the client on a temporary basis to supplement the client’s work force. The assigned workers will work under the direction, control, and supervision of the client. In addition to dealing with liability and indemnification issues, it contains a comprehensive set of basic operational terms and conditions. More ›
This form is used when a client desires technical services to be performed on the staffing firm’s premises by employees of the staffing firm. It states that the assigned workers are employees of the staffing firm, paid by the staffing firm, and all matters concerning wages, expenses, hours worked and paid, working conditions, and other similar administrative matters shall be resolved between the assigned worker and the staffing firm. More ›
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