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Protecting Temporary Agency Employees

Temporary agency employees work for a “host employer” but are on the payroll of a “primary employer.” A primary employer can be either:

        1. A temporary (temp) agency that hires workers and sends them to work for a host employer, or 

        2. A professional employer organization (PEO) that puts a host employer’s employees on the PEO’s payroll as its own employees.

In these dual-employer situations, both the primary employer and the host employer must protect employees from safety and health hazards and comply with Cal/OSHA regulations.

The primary employer issues the employee’s paycheck, administers workers’ compensation insurance, and may maintain hiring and firing authority. The host employer (also called the “secondary employer”) contracts for the worker’s services and supervise the employee at the host employer’s worksite.

For more information see the attached Cal/OSHA Safety and Health factsheet.

What are Cal/OSHA Enforcement Branch's responsibilities?

  • Complaint and accident investigations.  Cal/OSHA investigates:
    • Complaints of workplace hazards filed by employees, employee representatives, and others.
    • Reports of serious violations received from law enforcement.
    • Reports of accidents resulting in serious injury or illness or death.
  • Targeted and programmed inspections.  Cal/OSHA conducts targeted inspections of employers in high hazard industries (i.e., with high rates of preventable injuries and illnesses and workers' compensation losses).  Cal/OSHA conducts programmed inspections in mining and tunneling, petroleum refining, and the underground economy.
  • Citations, special orders, and orders to take special action.  Cal/OSHA issues citations, special orders, and orders to take special action after investigation of hazards in a workplace.
  • Orders prohibiting use.  Cal/OSHA issues orders prohibiting use where there is an imminent hazard.
  • Permits, certifications, licenses, approvals, and classifications.  Cal/OSHA issues project permits and annual permits to employers for major activities in construction and permits allowing use of diesel engines in mining and tunneling.  For information about the permitting process, see Title 8 regulations, section 341.1.  Cal/OSHA also issues certifications, licenses, approvals, and classifications.

Our Experience Shows!

Montgomery Investigations is a Veteran Owned Small Business specializing in environmental health and safety training and consultative services.  In addition, as a California licensed private investigation firm, we are able to provide workplace (industrial) accident investigation, per-employment background checks, e-verify and workers' compensation abuse and fraud investigative services. 

Montgomery Investigations was formed to provide a unique set of training and consultation services.  Over the past several decades, the proliferation of environmental and safety regulations has created a daunting task for businesses to keep abreast of them, let alone keep in compliance with them.  We provide the expertise to assist your company with its compliance efforts, so you can focus on your business' primary functions.

"Business can effectively comply with regulations
and profit from it."
Montgomery Investigations operates in a wide variety of roles across the public, private and not-for-profit sectors.  We are widely acknowledged for our understanding and awareness of the unique characteristics and challenges facing each of these sectors.

Montgomery Investigations' professional qualification provides a comprehensive foundation of knowledge, understanding and skills that add up to a highly valuable resource for any organization.  The commitment of our staff to continuing professional development is an integral component of our organization's professional qualifications.

If you have any questions or would like additional information regarding our company's qualifications and capabilities, please do not hesitate to call us or contact us at:


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