Are employers responsible for providing safety devices for contract workers?
Yes, and the employer must provide safety devices to all employees at the worksite if they are at risk of exposure to contaminated sharps, even if they are employed by another company in a contractual arrangement. For example, contract or per diem workers in a hospital are employees of the “contracting agency;” however they still must be provided with safety devices, personal protective apparel, and training for compliance with all the requirements of the bloodborne pathogen standard. In some instances, some of the requirements are managed or paid for by the “contracting agency” and not the hospital, such as Hepatitis B vaccination. However, both employers (hospital and contracting agency) are responsible for making sure that all aspects of the OSHA standard are enforced by one of the employers, and this must be clearly documented in the contract.
