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Independent contractors should complete workplace conduct and safety trainings

January 2023 employment law letter
Authors: 
Ashley Faulkner, Steptoe & Johnson PLLC

Q: Can we require independent contractors to complete the same trainings employees take (e.g., antiharassment or safety training)?

Yes, businesses can and should require independent contractors to complete trainings on important issues in the workplace including antiharassment, antidiscrimination, and safety. While it’s important to make clear that independent contractors aren’t employees, employers have an obligation to provide safe workplaces for employees and third parties who come onto their premises.

For example, businesses can provide independent contractors with third-party rules and procedures which specifically focus on the issues relevant to their access to company property. These topics could include emergency and evacuation procedures, antiharassment rules, drug and alcohol policies, and weapons policies.

These policies can also be included within an independent contractor agreement, and businesses can require acknowledgement by the contractor before starting work on company premises. Companies should ensure, however, that the policies and trainings for independent contractors don’t cover topics that are most relevant to the employment relationship, such as disciplinary policies, attendance and leave policies, and employee benefits.

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