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OSHA interpretation · 1995-09-11

Recording injuries and illnesses which occur at other employers' premises.

← 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.

September 11, 1995 Mr. Stuart Flatow Occupational Health Specialist American Trucking Associations 2200 Mill Road Alexandria, Virginia 22314-4677 Dear Mr. Flatow: Thank you for your letter dated August 21, requesting confirmation of guidance for recording injuries and illnesses which occur at other employers' premises. Whenever possible, I will refer to the Recordkeeping Guidelines for Occupational Injuries and Illnesses by citing the appropriate page and Q&A numbers. When determining who should record work related injuries and illnesses of contract employees, the primary factor to be considered is who supervises these workers on a day-to-day basis. If contract employees are subject to the supervision of the using firm, the using firm must keep the records for these personnel (Q&A A-2 on page 24). Additionally, the degree of supervision necessary to determine the employer/employee relationship 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." Work related injuries and illnesses which occur to a truck driver who is present at a work location other than his or her employer's premises, and who does not receive "day-to-day supervision" from the contracting or using firm, must be recorded on the Log of the employer of the truck driver. Generally, independent truck drivers operating on a contract basis are not considered employees of the using firm and injuries and illnesses occurring to these workers should not be recorded on the using firm's log (page 25, Q&A A-4). Again, the determination of employer/employee relationship must be made based on the degree of day-to-day supervision given by the using firm. I hope you find this information useful. If you have any other questions, please contact us at Area Code (202) 219-6463. Sincerely, Bob Whitmore Chief Division of Recordkeeping Requirements

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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