Feeble, Circular, and Unpredictable: OSHA's Failure to Protect Temporary Workers

Abstract

Millions of people work in poorly paid jobs as temporary workers. These workers are hired by a temporary-help firm, but perform work for another company. As such, their status as “employees” of the company for which they actually perform work and on whose premises they generally labor is frequently challenged. This ambiguous employment status means that temporary workers fall outside the scope of federal workplace safety and health protections. This Note addresses the Occupational Safety and Health Act (OSHA), the nation’s principal federal legislation governing working conditions, as it pertains to temporary workers, as well as judicial interpretations that limit the safety and health protections OSHA extends to temporary workers. Rather than adhere to a formulaic interpretation of OSHA as the Supreme Court currently instructs, this Note urges courts to adopt Congress’s stated intent in enacting OSHA—the protection of all workers.