OSHA Protections for Temporary and Seasonal Workers

Temporary and seasonal workers get the same workplace safety protections as full-time employees. These workers deserve to have a safe and accident-free workplace just like anyone else.

This article provides an overview of OSHA rights and protections for temporary and seasonal workers. Every worker’s circumstances are different. If you have concerns about the safety of your workplace, contact a local employment law attorney, who will assess your situation, provide legal advice, and represent you in legal proceedings. 

Temporary and Seasonal Workers Defined 

The Occupational Safety and Health Administration (OSHA) defines seasonal workers and temporary workers. The terms generally have to do with the nature, purpose, and duration of the job. 

A “seasonal worker” is someone employed in a job that depends on the season or time of year. These are not permanent positions. These jobs are usually in agriculture, tourism, hospitality, and retail. These are jobs where the demand for workers changes with holidays, vacation periods, or planting and harvest times. 

A “temporary worker” is usually hired for a limited period to fulfill an employer’s short-term needs. Sometimes they are hired by staffing agencies. Employers often hire temporary workers to fill in for permanent employees on leave, to complete a specific project, or to meet increased workload demands. 

No matter your employment relationship with your boss, OSHA and federal law emphasize that all workers, regardless of their employment classification, have the same protections for workplace safety. Seasonal and temporary workers have the right to a safe workplace, proper training, and protection from hazardous worksite conditions. 

The Unique Concerns of Temporary and Seasonal Workers Under OSHA 

Because you are a temporary or seasonal worker, you might often find yourself in a job with high turnover. Employers may not spend time giving adequate training and safety investments for worker safety. You may also hesitate to report unsafe conditions or injuries for fear of losing your job. 

Temporary and Seasonal Workers’ Rights 

Under OSHA labor laws, temporary and seasonal workers have the same rights as permanent employees. These rights include: 

• The right to a safe and healthy workplace: Employers must provide a work environment free from recognized hazards according to OSHA safety standards.
• The right to receive training: Employers must train you in a language you understand. They must tell you about potential workplace hazards and ways to prevent harm.
• The right to information about exposure: If you are working with harmful substances, you have the right to know how to protect yourself. Employers must adhere to all OSHA standards.
• The right to report injuries and raise concerns: You can report work-related injuries and express safety concerns without fear of retaliation. 
• The right to personal protective equipment (PPE): Your employer must give you the necessary safety gear for worker protection at no cost to you.

You should also be able to access medical records about exposure dangers. OSHA recordkeeping requirements also apply to seasonal and temporary workers.

What to Do if You Face Safety Issues 

If you encounter unsafe working conditions, it’s important to take action. Immediately inform your supervisor or employer about the hazard. If your employer doesn’t address the concern, you can file a complaint with OSHA and get additional information at its webpage: www.osha.gov. You can do this anonymously if you fear retaliation.

Document everything. Write down and take pictures of all the unsafe conditions you see. Write down when you talk to your supervisor and what your supervisor says.

You can also contact an attorney with experience in employment law. They can assess the situation, tell you what to look for in your specific situation, and help you preserve your rights.

How an Attorney Can Help You if Your Employer Violates OSHA 

If you believe your employer has violated your OSHA rights, an employment lawyer can help you with: 

• Understanding your rights
• Filing a complaint
• Dealing with retaliation
• Seeking compensation

A lawyer will explain your rights and protections under OSHA. They can help you file a formal complaint with OSHA or the U.S. Department of Labor (DOL). They can make sure you file on time and have all the necessary documentation.

If you face backlash for reporting safety issues, your lawyer can help you take legal action against your employer. If you’ve been injured due to unsafe working conditions, a lawyer can help you seek compensation for your injuries and losses.

Temporary and seasonal employment does not mean you do not deserve safe working conditions. Safe working conditions are a right. If you believe your employer has violated those rights, contact a local, experienced employment attorney.