OSHA Recordkeeping Handbook - Msabc.net

Section 1904.31Covered employees(66 FR 6131, Jan. 19, 2001)REGULATION: Section 1904.31Subpart D – Other OSHA injury and illness recordkeeping requirements(66 FR 6130, Jan. 19, 2001)Section 1904.31 Covered employees(a) Basic requirement.You must record on the OSHA 300 Log the recordableinjuries and illnesses of all employees on yourpayroll, whether they are labor, executive, hourly,salary, part-time, seasonal, or migrant workers. Youalso must record the recordable injuries and illnessesthat occur to employees who are not onyour payroll if you supervise these employees on aday-to-day basis. If your business is organized as asole proprietorship or partnership, the owner orpartners are not considered employees for recordkeepingpurposes.(b) Implementation.(1) If a self-employed person is injured or becomesill while doing work at my business, do I needto record the injury or illness?No, self-employed individuals are not covered bythe OSH Act or this regulation.(2) If I obtain employees from a temporary helpservice, employee leasing service, or personnel supplyservice, do I have to record an injury or illnessoccurring to one of those employees?You must record these injuries and illnesses if yousupervise these employees on a day-to-day basis.(3) If an employee in my establishment is a contractor’semployee, must I record an injury or illnessoccurring to that employee?If the contractor’s employee is under the day-todaysupervision of the contractor, the contractor isresponsible for recording the injury or illness. If yousupervise the contractor employee’s work on a dayto-daybasis, you must record the injury or illness.(4) Must the personnel supply service, temporaryhelp service, employee leasing service, or contractoralso record the injuries or illnesses occurring to temporary,leased or contract employees that I superviseon a day-to-day basis?No, you and the temporary help service, employeeleasing service, personnel supply service, or contractorshould coordinate your efforts to make surethat each injury and illness is recorded only once:either on your OSHA 300 Log (if you provide day-todaysupervision) or on the other employer’s OSHA300 Log (if that company provides day-to-day supervision).§1904.31PREAMBLE DISCUSSION: Section 1904.31(66 FR 6037-6042, Jan. 19, 2001)The following are selected excerpts from the preamble to the Occupational Injury and Illness Recording andReporting Requirements, the Recordkeeping rule (66 FR 5916, 29 CFR Parts 1904 and 1952). These excerptsrepresent some of the key discussions related to the final rule (66 FR 6122, 29 CFR Parts 1904 and 1952).Section 1904.31 Covered employees.Final Rule Requirements and Legal BackgroundSection 1904.31 requires employers to record theinjuries and illnesses of all their employees, whetherclassified as labor, executive, hourly, salaried, parttime,seasonal, or migrant workers. The section alsorequires the employer to record the injuries and illnessesof employees they supervise on a day-to-daybasis, even if these workers are not carried on theemployer’s payroll.Implementing these requirements requires anunderstanding of the Act’s definitions of “employer”and “employee.” The statute defines “employer,” inrelevant part, to mean “a person engaged in a businessaffecting interstate commerce who has employees.”29 U.S.C. 652(5). The term “person” includes“one or more individuals, partnerships, associations,corporations, business trusts, legal representatives,or any organized group of persons.” 29 U.S.C. 652(4).OSHA RECORDKEEPINGHANDBOOK123