Insight Into Temp Agencies as Controlling Employers

A Washington State Supreme Court consolidated decision covering safety violations with two temporary agencies provides some insight into how courts determine who is a controlling employer. Tradesmen International contracted with Dochnahl Construction. The agency was responsible for wages and benefits, while Dochnahl was in charge of supervision. Before an assignment, Tradesmen inspected the site for safety hazards, but none were found. Dochnahl reassigned an employee to another jobsite and failed to notify the agency. Washington State Department of Labor & Industries (L&I) inspected the site, found hazards and cited the agency for exposure to scaffold hazards and a lack of fall protection. Laborworks Industrial Staffing provided workers for Strategic Materials to sort recycling and waste, including glass and needles. L&I inspected the plant and found employees were exposed to bloodborne pathogen hazards but hadn’t received the training from Laborworks. Both agencies fought the citations, and appeals courts vacated both saying the agencies lacked control.

L&I Appeals

The state Supreme Court upheld the Tradesmen decision vacating the violation since that agency did not control the worksite. But the Laborworks citations stuck since that agency maintained control over specific aspects of its employees training and records.

Purchase NASP’s Certified Safety Manager Course

Related Posts

OSHA’s FY2026 Top 10 Looks Exactly Like Last Year’s. September’s Citations Show Why.

OSHA’s FY2026 Top 10 Looks Exactly Like Last Year’s. September’s Citations Show Why.

10.07.2026 Current Events
OSHA's preliminary FY2026 Top 10 contains the same ten standards as FY2025, with fall protection first for the sixteenth straight…
Read More
OSHA’s New Overdose Guidance Wants Naloxone Stored Next to Your AED

OSHA’s New Overdose Guidance Wants Naloxone Stored Next to Your AED

10.07.2026 Compliance
OSHA's September 24 fact sheet makes a short case: overdoses happen at work, the window to act is small, and…
Read More
Two Valves, Six Minutes, $95 Million: The CSB’s Final Report on the Shell Monaca Explosion

Two Valves, Six Minutes, $95 Million: The CSB’s Final Report on the Shell Monaca Explosion

10.07.2026 Current Events
The CSB's final report on the June 2025 Shell Polymers Monaca explosion traces $95 million in damage to one engineer…
Read More
cta1-img

Explore Our Live and Online Safety Courses

Learn at your own pace online or join an instructor-led live training session.