Valerie Butera Quoted in “NLRB’s New Joint Employer Test May Impact OSHA”SHRM.org September 21, 2015
Valerie Butera, a Member of the Firm in the Labor and Employment practice, in the firm’s Washington, DC, office, was quoted by SHRM.org, in “NLRB’s New Joint Employer Test May Impact OSHA.”(Read the full version – membership required.)
Following is an excerpt:
And in the case of staffing agencies, “While the Occupational Safety and Health Act’s definition of ‘employer’ is not identical to the definition in the National Labor Relations Act, there can be no doubt that the NLRB’s Browning-Ferris decision is likely to influence OSHA’s approach to inspections and citations involving temporary or contract employees,” said Valerie Butera, an attorney in Epstein Becker Green’s Washington, D.C., office.
She noted that when OSHA’s temporary employee initiative was announced in 2013, Assistant Secretary of Labor for Occupational Safety and Health David Michaels declared that “Temporary staffing agencies and host employers share control over the employee, and are therefore jointly responsible for temp employees’ safety and health. It is essential that both employers comply with all relevant OSHA requirements.”