Dual-Employers Issued $256,445 in Citations by Cal/OSHA for Unsafe Working Conditions
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- Published on Monday, 23 January 2012 21:05
After receiving complaints from Warehouse Workers United, the California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA)conducted inspections and issued $256,445 in citations to warehouse owner National Distribution Centers and its temporary staffing contractor, Tri State Staffing, for more than 60 violations at four warehouses in San Bernardino County, including violations for a lack of fall protection for high-rise pickers, unstable storage stacking and unguarded machinery. Cal/OSHA found three of the warehouses had dual-employer relationships—where one employer hires workers and provides them to another employer—and both employers are potentially liable for the violations of safety and health regulations. “When employers use a contractor for their staffing needs, they are not released from their responsibilities to provide a safe workplace,” said Cal/OSHA Chief Ellen Widess. “As dual employers sharing responsibility for training and worker safety, both National Distribution Centers and Tri State Staffing were responsible for ensuring that all employees are protected on the job.” In addition to the complaints received, attention was brought to these warehouses when, in August 2011, Cal/OSHA found that a 49-year-old warehouse, working inside in 90-degree temperatures, had become dizzy and nauseous and further determined that the employer failed to recognize the symptoms as heat-related or effectively address the conditions in a required Injury and Illness Prevention Program (IIPP). Every employer in the state of California is required to have an IIPP that addresses the safety hazards associated with their specific work site. When a common problem in a workplace puts employees at risk, such as dangerously high temperatures in warehouses, then the IIPP is required to address preventive measures to protect employees from the heat. “It’s not just outdoor workers who are vulnerable to heat illness,” said Cal/OSHA Chief Widess. “Every California employer needs to be aware of heat illness symptoms so that appropriate steps can be taken to prevent serious on-the-job injuries or death.” Read more.