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OSHA interpretation · 1996-12-13

Framework for a Comprehensive Health and Safety Program in Nursing Homes.

← 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.

December 13, 1996 MEMORANDUM FOR: REGIONAL ADMINISTRATORS OFFICE OF TRAINING AND EDUCATION FROM: BOB WHITMORE Chief Division of Recordkeeping Requirements JOHN MILES Director Directorate of Compliance Programs SUBJECT: Injury and Illness recordkeeping requirements outlined in "Framework for a Comprehensive Health and Safety Program in Nursing Homes" It has recently come to our attention that the "Framework for a Comprehensive Health and Safety Program in Nursing Homes" distributed by the Office of Training and Education contained erroneous information in regards to the recordkeeping requirements of temporary help agencies (see the "Temporary Employees" section, page 10 of the Framework - attached). Help supply services (SIC 7363) are generally exempt from the requirements of Part 1904, except for the reporting of fatalities and multiple hospitalization incidents and participation in the BLS Survey of Occupational Injuries and Illnesses. For OSHA injury and illness recordkeeping purposes, the primary factor to be considered in determining who should record work related injuries and illnesses of temporary workers is who supervises these workers on a day-to-day basis. If the workers 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 Recordkeeping Guidelines for Occupational Injuries and Illnesses .) Nowhere has any recordkeeping guidance from this office ever directed temporary help service agencies to also record cases for these types of workers on their records (see attached letter to Manpower, Inc.). Such a practice would obviously lead to double counting in the national statistics. Please forward this information to your Area Offices. We need to continue to make every effort to coordinate our activities to ensure that the correct guidance is given concerning the recordkeeping requirements. If you have any questions, please call me at Area Code (202) 219-6466.

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.