During the Pullman strike in 1894, Congress responded to labor’s enormous discontent by establishing the first Monday in September as Labor Day. More than a century later, millions of people hired through temporary agencies, such as Manpower and Kelly Services, realize that the principal law meant to protect a worker for health and safety in the workplace does not apply to them.

These temporary workers are contracted by an agency obviously to fill unexpected short-term needs by the companies that work with the agencies. At the most, temporary work allows for the workers to acquire skills and experience, and perhaps lead to a permanent job. As well, short-term work offers a worker in need of flexible work days or weeks to make money, without expecting more from the job.

Unfortunately, this reality does not benefit most temporary workers – the majority would prefer to work fulltime. Although 80 percent of temporary workers do work fulltime, almost none have medical insurance. In addition, many temporary workers, especially those who work in factories, work 10- to 12-hour days in unhygienic conditions.

For this grueling work, a temporary worker receives on average $1.30 less per hour than his or her permanent counterpart.

In spite of the workplace dangers and disadvantages and the prevalence of temporary work (in 2001, more than 2 million people were hired through temporary agencies), these workers are not protected by the Occupational Safety and Health Act (OSHA), established in 1970 to ensure that the workplace be safe and healthful, key ingredients for a prosperous economy. In approving the law, the Senate declared that “injuries and diseases related to the workplace... each time result in more human misery and economic loss.”

Despite much political pressure from the industry of temporary workers and a series of decisions taken by several regulatory agencies and the courts, employees working through temporary agencies continue to occupy a regulatory black hole. Although company managers dictate where, how and when to work, temporary workers are not considered company employees.

It is rare that companies that contract with temporary agencies are made responsible for unhygienic or dangerous conditions at the workplace affecting temporary workers because these laborers are not considered to be their employees. In addition, a legal decision declaring that temporary agencies are not responsible for the company’s adhering to federal regulations still stands after 30 years.

What can be done to ensure that the temporary workers receive the protection of the federal regulations at the work places? Unfortunately, not much.

In those cases when temporary workers decide to sue a company for break the law, companies resort to expensive litigation. A worker receiving $6 per hour is no match in court for temporary agencies and the companies with their enormous resources.

A better strategy would be to extend the Occupational Safety and Health Act to protect all workers at the workplace whether they are temporary or permanent workers. This plan would provide workers and employers with a clear understanding of their legal responsibilities, protect the health and security of workers, and reduce litigation.

What better way to celebrate Labor Day for millions of temporary workers?