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Oregon OSHA prevailed on appeal. The court reversed the ALJ's orders vacating citations against temporary staffing agencies, finding that the agencies qualified as employers under ORS 654.005 despite lacking worksite control, and remanded for further proceedings.
Court Rules Temporary Staffing Agencies Are Employers Under Safety Laws
What Happened
Oregon OSHA (the state safety agency) cited two temporary staffing companies—Laborworks Industrial Staffing Specialists and Tradesmen International—for workplace safety violations. The companies argued they shouldn't be held responsible because they don't directly control the worksites where their temporary workers are assigned. An initial judge agreed and threw out the citations.
What the Court Decided
A higher court reversed that decision. The court ruled that temporary staffing agencies qualify as employers under Oregon law, even when they don't control the actual worksites. This means these companies can be held accountable for safety violations affecting their workers.
Why This Matters for Workers
This decision expands worker protections. Temporary workers now have clearer legal ground to hold staffing agencies responsible for unsafe conditions, even if the agencies claim they have limited control. It means temporary workers aren't left in a gray area with no one accountable for their safety—the staffing company that hired them shares responsibility for protecting them from hazards.
This summary was generated to explain the ruling in plain English and is not legal advice.
Other orders and opinions in OR-OSHA from the same court.
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