Temp worker safety: who trains, who is liable

Temp worker safety is a shared duty. The host employer, meaning the company where the worker actually works, ensures safe conditions at the position, runs the on-the-job training and establishes the circumstances of an accident. The agency, as the formal employer, runs the general induction training, refers the worker for medical examinations and approves the accident report.

What the host company does, and what the agency does

The split comes from Article 14(1) of the Act of 9 July 2003 on the employment of temporary workers (ustawa o zatrudnianiu pracowników tymczasowych): the host employer carries out the employer's duties around organizing work, including ensuring safe and hygienic conditions at the assigned position and keeping working-time records on the same terms as for its own staff.

Who runs the on-the-job training

On-the-job training is run by the host company, because it knows the machines, processes and shop-floor layout. The use of protective equipment at the position is covered in the article on work clothing and protective equipment.

The agency is responsible for a different stage: it refers the worker for medical examinations based on the job description received from the host company and runs the general induction training. Since 12 December 2025, confirmation of completing the induction training may take electronic form, for example an email attached to the training record. The instruction itself is still delivered in the traditional way.

Which work cannot be assigned to a temporary worker

Article 8 of the Act on the employment of temporary workers bans three things: particularly hazardous work, replacing a worker taking part in a strike, and assigning work of the same kind performed by a worker whose employment the host company terminated for reasons not related to employees within 3 months before the planned start of the temporary assignment. The ban is absolute: neither the worker's consent nor an arrangement with the agency lifts it. The full scope of the host employer's duties toward a temporary worker is covered in the article on the duties of the host employer.

What happens after a workplace accident

The host employer establishes the circumstances and causes of the accident: it appoints an accident investigation team, inspects the scene and collects statements, under Article 9(2a) of the Act on the employment of temporary workers. The accident report is approved by the agency, however, because it is the formal employer; it has 5 days from the report being drawn up. The agency, as the formal employer and contribution payer, handles the rest of the insurance paperwork, while the accident benefit itself is paid by ZUS (Social Insurance Institution). It pays to set up the accident investigation team with both sides involved from the start, and to agree the cooperation procedure before taking on the first worker, not after an accident.

Introduce a rule that a temporary worker spends the first week paired with an experienced colleague. It is a cheap way to reduce risk in the days when the worker does not yet know the machine, the shop-floor layout or the warning signals.

How to document temp worker safety

The on-the-job training record, confirmation of issued protective equipment and confirmation of being briefed on the risk assessment should be signed and kept at the host company: this is what an inspection and the accident investigation team check. The general induction training record is kept by the agency, because it is the one running it as the formal employer. Medical examinations and their scope depend on the job description passed to the agency: an inaccurate description ends in a certificate that bars the worker from working on the machine; the topic is covered in the article on medical examinations for temporary workers.

For a first-time cooperation, we agree the split of safety duties in writing before the first shift.

Frequently asked questions

### Who is liable for a temporary worker's safety: the agency or the host company?
Both sides share the duties. The host company ensures safe conditions at the position and runs the on-the-job training, because it directs the work. The agency, as the formal employer, runs the general induction training, refers the worker for medical examinations and approves the accident report.

### Does a temporary worker have to go through on-the-job training again after changing agencies, if staying at the same position?
Yes. The duty of on-the-job training lies with the host company and is tied to the position, not to the contract with a specific agency; changing the provider does not remove it.

### Who approves the accident report for a temporary worker?
The host employer appoints the accident investigation team and establishes the circumstances, but the report itself is approved by the agency as the formal employer, within 5 days of it being drawn up.

### Can a temporary worker perform particularly hazardous work?
No. Article 8 of the Act on the employment of temporary workers bans this absolutely, regardless of the worker's consent or any arrangement with the agency.

### Can induction safety training be confirmed electronically?
Since 12 December 2025, yes: confirmation may take electronic form, for example an email attached to the training record. The instruction itself is still delivered in the traditional way.

This article is for information only and does not constitute legal advice. The rules change, and the outcome depends on the situation of the particular person, so check the current legal position or consult a lawyer before making a decision.