Oftentimes, employers rely upon an employee’s training by another (third) party to comply with the Occupational Safety and Health Act of 1970’s (the “Act’s”) training requirements. But, is it enough to simply rely on the representation that the employee was trained by a third-party? Best practices indicate employers should go one step further than just confirming an employee’s training background in order to insulate themselves against liability and to fully comply with the Act’s requirements.
Under the Act, employers are responsible for providing a safe and healthful workplace. Throughout the Act, reference is made to the responsibility being on the employer to ensure a safe workplace, including the proper training of employees. Many OSHA standards include explicit safety and health training requirements to ensure that workers have the required skills and knowledge to safely do their work. These requirements reflect OSHA’s belief that training is an essential part of every employer’s safety and health program.
The Act’s “General Duty Clause” requires that “each employer” furnish employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm. Ultimate responsibility for compliance is on the employer. While employers may use third parties to help meet the requirements of the Act (e.g. conduct training) they may not shift this ultimate responsibility for the health and safety of employees to third parties. See Well Sols., Inc. Rig No. 30, 17 O.S.H. Cas. (BNA) ¶ 1211 (O.S.H.R.C. Apr. 19, 1995); Brock v. City Oil Well Serv. Co., 795 F.2d 507, 511-12 (5th Cir. 1986).
So, while employers may use third party trainings, it is prudent that the employer keep up-to-date records of their employees’ trainings, in order to demonstrate they have complied with OSHA’s standards. Further, employers must ensure employees have not only completed the required training, but also, that they comprehended it.
Here are a few key tips for employers:
Employers may, and often do, rely upon third-party trainings to comply with OSHA’s standards. Make sure that you have full documentation of the training received from the third-party and that you (the employer) can prove that the employee comprehended the training that he or she received. Documentation of completed trainings, along with employee assessments, will help insulate employers from liability for failing to comply with specific training requirements and defending against violations of the General Duty Clause.
About the Author: Lindsay E. Nadeau
Source URL: https://orr-reno.com/can-employers-rely-on-third-party-trainings-under-the-occupational-safety-and-health-act/
Copyright ©2020 Orr & Reno unless otherwise noted.