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OSHA interpretation · 1993-01-05

Contract employees and recordkeeping requirements.

← All interpretations§ 1904

OSHA’s standing caveat

Interpretation letters explain existing requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Enforcement guidance may be affected by later changes to OSHA rules, and a letter addresses the facts it was given — not necessarily yours.

January 5, 1993 Mr. Kenneth M. Colonna Safety and Health Manager Coca-Cola Bottling Co. Consolidated Post Office Box 31487 Charlotte, North Carolina 28231 Dear Mr. Colonna: Thank you for your letter dated December 14, requesting clarification of OSHA recordkeeping requirements for employees supplied by a temporary help service. The primary factor to be considered in determining who should record work related injuries and illnesses of contract employees is who supervises these workers on a day-to-day basis. Thus, if the contract employees are subject to the supervision of the using firm, the using firm must keep the records for these personnel. (See Q&A A-2 on page 24 of the enclosed Recordkeeping Guidelines for Occupational Injuries and Illnesses .) Additionally, the degree of supervision necessary to require maintenance of the injury/illness records is stated on page 24, Q&A A-1. "Employee status generally exists when the employer supervises not only the output, product or result to be accomplished by the person's work, but also the details, means, methods and processes by which the work objective is accomplished." Temporary help services are normally exempt from OSHA recordkeeping requirements as an employer classified in a low- hazard industry and are not required to record injuries and illnesses on the OSHA Log. (See pages 4 and 5 of the Guidelines.) If Coca-Cola Bottling Co. Consolidated is providing day-to-day supervision to the contracted employees, it has the responsibility for recording their occupational injuries and illnesses on its own Log. I hope you find this information useful. If you have any further questions, please contact my staff at Area Code (202) 219-6463. Sincerely, Stephen A. Newell Director Office of Statistics

Reproduced verbatim from osha.gov. US Government work, public domain (17 U.S.C. § 105).

Other letters on the same sections

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Not legal advice. This page republishes 29 CFR Part 1904 as published by the eCFR and explains it. The recordkeeping duty is the employer’s. Where the rule requires judgement, Job13 says so rather than guessing — run your own case through the free check.