Staff leasing and occupational safety

In temporary agency work, the employer’s occupational safety obligations are the responsibility of both the actual employer (staffing company) and the user company. The occupational safety and health liability in temporary agency work is, thus, divided between the staffing company and the user company.

Special characteristics of temporary agency work

The staffing company acts as the temporary agency worker’s employer. It transfers the employee to another company (user company). A transfer always requires the employee’s consent. The user company becomes responsible for work management and supervision. The key special characteristics of temporary agency work are related to the relationship between the employer, the employee and the user company and the resulting rights and obligations.

The staffing company and the user company have an assignment relationship.
The staffing company and the temporary agency worker have an employment relationship.
The user company has the right to manage and the responsibility to supervise the temporary agency worker.

In temporary agency work, the duration of assignments varies. In short-term assignments, this may mean a high turnover rate of temporary agency workers in the user company and, from the temporary agency worker’s point of view, frequently changing workplaces. Particular attention should be paid to the flow of information, as temporary agency work always involves three parties.

The occupational safety and health liability in temporary agency work

In temporary agency work, the staffing company and user company share the responsibility for occupational safety and health. This means that both the staffing company and the user company are obligated to ensure that the work is carried out safely and that the work does not pose a risk to the employees’ health.

During the assignment, the user company has the main responsibility for occupational safety, as it manages and supervises the work and organises the conditions related to workplace safety and health. The staffing company acts as the temporary agency worker’s employer and is also responsible for complying with the provisions of the Occupational Safety and Health Act concerning the employer.

The temporary agency worker must comply with the instructions and orders related to occupational safety issued by both their actual employer (i.e. the staffing company) and the user company.

The staffing company has general responsibility for occupational safety issues. For this reason, the staffing company must ensure that the user company is able to fulfil its occupational safety obligations and that the work on the user company’s premises and with their equipment can be carried out properly and safely.

Checklist for staffing companies

Arrange at least statutory occupational health care for the employee.
Check that the user company is able to fulfil its obligations and that the work can be carried out properly and safely.

Agree with the user company on orientation regarding the reporting practices of dangerous situations.

Inform the employee of the professional requirements of the work, as well as the nature and content of the work.

Ensure that the employee has sufficient professional skills, experience and suitability for the job in question.

Take care of general orientation and occupational safety and health guidance.

Tell the employee how to act in the event of an accident and who to contact in case of illness.
Tell the employee what to do in the event of inappropriate treatment, harassment or harmful workload.

Give the employee the contact information of occupational safety and health personnel, in particular the occupational safety and health representative.

Ensure that the provisions of the Working Hours Act, such as maximum working hours, are complied with in the temporary agency worker’s employment relationship.
Maintain working time records.

The user company is considered to be primarily responsible for occupational safety in temporary agency work because it manages and supervises the work and because the conditions of the workplace are under its control. The user company must co-operate with the staffing company and provide it with the necessary information.

Checklist for user companies

Make sure that the work done as temporary agency work and the related working conditions have been taken into account in the investigation and assessment of work hazards, as well as in the workplace survey.
Provide the staffing company with sufficiently comprehensive information on the harms and hazards identified and assessed, as well as their health significance. The information can be found in the workplace survey and the work hazard assessment document.
Before commencing the temporary agency work, inform the staffing company of the professional requirements and special characteristics of the work.
Agree with the staffing company on orientation regarding the reporting practices of dangerous situations.
Notify occupational health care and the occupational safety and health representative of the commencement of temporary agency work.
Check that the temporary agency worker meets the requirements of the work and the agreement between the parties in terms of competence and personal protective equipment.
Take care of orientation.
Instruct and guide the temporary agency worker in correct and safe working methods.
Take care of the safety and health of the workplace and work, including the safe use of machines and tools.
Supervise the safety of work and the use of protective equipment and personal protective equipment.
Comply with the Working Time Act and the working hours provisions of a possible collective agreement.
Take care of ergonomics, the management of workload factors, appropriate personnel facilities, and make sure that no harassment or other inappropriate treatment occurs at work.
Explain who the occupational safety and health manager at the workplace is and who the occupational safety and health representatives are.

The temporary agency worker must comply with the instructions and orders related to occupational safety issued by both their actual employer (i.e. the staffing company) and the user company. They must also comply with general employee obligations at work.

Checklist for temporary agency workers

Comply with the occupational safety instructions and regulations of the staffing company and the user company.
Take into account the safety of yourself and other employees at work.
Use personal protective equipment and other equipment provided by the employer.
Report any faults, defects or inappropriate treatment you observe primarily to the user company’s management.
Monitor your own working time.