Injury of Temp from an Agency

JulieP

We have a temporary employee (from a temp agency) who just started work today. Believe it or not, he achieved a new record and got hurt 25 minutes after he began work. I just want to clarify a couple of issues:
1 - Is it correct that he goes on the temp agency's workers' comp., and not on ours?
2 - Do I still need to log the injury on the OSHA 300 log since he was injured on our premises?

Parabeagle

1-Yes
2-Yes

JulieP

Sorry, but I have another question. After this guy was injured, several employees stepped up and said that they remembered him working here years ago (before I came to work here). They said he kept getting injured the last time he was here and didn't stay long (reason unknown since files are way back in storage). I have no idea if it was clumsiness, on purpose, or just bad luck. Anyway, the temp agency just called to tell me his restrictions and we couldn't accomodate them. They are sending a replacement. But, she indicated that when he is released, she would send him back to replace the replacement. If I would have know that he was a former employee who didn't work out the first time, I wouldn't have accepted him to begin with. Do we have to accept him back? If we don't, do we have some liability for retaliation? (yes that is a law in NC) How should I handle this situation?

Parabeagle

I would strenuously lobby the temp agency to find more suitable employment for the individual when he is well enough to return to work. I can't imagine them forcing a particular worker on you (is there some obscure law in your state that I'm missing?). Another option would be to find another temporary service vendor and terminate the current one (there are many nonretaliatory reasons to switch: hourly rate, service, etc.)

Remember that you are the customer and the temp service exists to serve you, not the other way around. Hope that made sense.

scantey

I agree with Parabeagle... The only reason that the agency wants to bring the same temp back is because it will close out the claim they are involved in. It sounds like the "temp" has a history of getting hurt on the job so I would ask the agency what kind of references they have on him and chances are you will find they did not do a clean job on screening him, otherwise they would have known he had been there before- Bottom Line- Look for a new agency and politely refuse when they try and send back out there.

POPEYE

I agree with the other posts about requesting that this EE not return to your facility. You have no legal responsibilities to accept him back or any replacement the agency would send. If being "polite" as the previous posts have said doesn't work, be forceful in letting them know you do not want this person back. Been there done that on both sides and have the T-shirt to prove it!!!!!!

JulieP

Thank you everyone. I did call the temp agency and when I asked them not to send him back, they had no problem with that. I spoke to them about their background checks and they checked him out. The reason that they did not find out that he worked here before is that it was so long ago (our record is in storage too) and he didn't volunteer that information. I have asked them to, in the future, begin asking each temp if they have worked here or applied here before they send them over.

Don D

Your reason for not wanting him back, should you need that down the road to defend a charge from him, would be: He was injured, could not continue here, was replaced, and by the time he was determined able to return to work, we had already had a good, successful experience with the replacement and she/he had come through our training well and we are satisfied with him/her and have no intention of replacing the worker whom we are satisfied with.

You should not make record or or mention his prior injuries or your conversation with the agency about 'why didn't you check him out?'

Simply: He came to work, he had to leave, he was replaced, the replacement is working out well, you don't need him back, you are not going to train somebody again.