Temp Worker Rights and Safety: Who Is Responsible?

Temp Worker Rights and Safety

Updated November 6, 2026

Who Is Responsible for a Temp Worker's Safety and Pay?

Both the staffing agency and the host company can be responsible. OSHA says they share responsibility for a temporary worker's safety. The agency usually issues the paycheck, and wage laws still apply, including overtime for covered workers. Some states, such as Illinois and New Jersey, add extra protections for temporary workers. Report concerns to OSHA or your labor department.

Updated November 6, 2026 · Source: OSHA Temporary Worker Initiative; U.S. Department of Labor.

Being a temp does not mean having fewer basic protections. This is general information, not legal advice.

Safety and Training

According to OSHA, the agency and host employer are jointly responsible. In practice the agency often covers general training and the host covers site-specific training. You should be trained in a language you understand, and you can ask questions before doing a task.

Pay

Federal minimum wage and overtime rules apply to covered employees. See the Wage and Hour Division.
Keep your own record of hours and photos of schedules.
Some states have temp-specific laws, such as Illinois's Day and Temporary Labor Services Act and New Jersey's Temporary Workers' Bill of Rights.

When an Assignment Ends

Ask your agency about the next assignment right away. Unemployment rules vary by state, and some look at whether you asked the agency for more work, so check with your state's office.

For Employers

Write down who provides which training and protective equipment.
Show temps the same hazards you show your own staff.
Agree in advance how injuries get reported.

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