OSHA Recordkeeping Handbook - Msabc.net

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Response: The log is to be kept for an establishment. Under Section 1904.46 Definitions, an establishmentis a single physical location where business is conducted or where services or industrialoperations are performed. The controlling employer (using firm) may sub-divide the OSHA 300Log to provide separate listings of temporary workers, but must consider the separate listings to beone record for all recordkeeping purposes, including access by government representatives, employees,former employees and employee representatives as required by Section 1904.35 and 1904.40 inthe Recordkeeping regulation. OSHA’s view is that a given establishment should have one OSHALog. Injuries and illnesses for all the covered employees at the establishment are then entered intothat record to create a single OSHA 300-A Summary form at the end of the year.Question 2: Under 29 CFR Section 1904.31, while the standard clearly indicates the 300 Logs mustbe maintained for supervised temporary or leased employees, it does not indicate who maintains the301 documents or the first report of injuries, as well as the medical records on those employees.Also, if a temporary or leased employee has days away from work, it is normally the temporary orleased employee provider’s contractual responsibility to handle the medical treatment of theemployee. The temporary or leased employee provider is the only person/entity to have the informationon days away from work. Who is responsible for maintaining the 301 logs or the firstreport of injury forms as well as the medical records for these employees, assuming that theemployee provider can produce the required documents to the employer for production in the timeperiods set forth in the standard?§1904.31Response: Section 1904.29(a) says: “You must use OSHA 300, 300-A and 301 forms, or equivalentforms, for recordable injuries and illnesses.” In addition, 1904.29(b)(2) says: “You must completean OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illnessentered on the OSHA 300 Log.” Therefore, when the workers from a temporary help service orleasing firm are under the day-to-day supervision of the controlling party (using firm) the entireOSHA injury and illness recordkeeping responsibility belongs to the using firm.Question 3: Using the facts in Question 2, it is also important to note that an injured temporary orleased employee, who requires days from work, may be replaced by another leased or temporaryemployee at the work site. From time of the injury, the employer has no information about thereturn to work status of the injured employee. In fact, the injured employee may be assigned toanother employer once he or she is able to return to work. How can the original employer keepaccurate 300 Logs when the employee provider has sole access to information on days away fromwork and return to work status?Response: The controlling employer has the ultimate responsibility for making good-faith recordkeepingdeterminations regarding an injury and illness to any of those temporary employees theysupervise on a day-to-day basis. Although controlling employers ultimately decide if and how a particularcase should be recorded, their decision must not be an arbitrary one, but should be made inaccordance with the requirements of the Act, regulation, and the instructions on the forms.Therefore, the controlling employer must make reasonable efforts to acquire the necessary informationin order to satisfy its Part 1904 recordkeeping requirements. However, if the controllingemployer is not able to obtain information from the employer of the leased or temporary employee,the controlling employer should record the injury based on whatever information is available to thecontrolling employer. The preamble contains a brief reference about OSHA’s expectation that theemployers share information to produce accurate records, stating that “the two employers haveshared responsibilities and may share information when there is a need to do so.” (Federal Registerp. 6041)Finally, the last question you raised is whether your client or contractor has any requirements underthe recordkeeping standard to provide the new contractor the current OSHA 300 Logs for thatfacility covering those employees who now work for that contractor? Since there was no change ofyour client’s business ownership, he or she needs only to retain the records as per 1904.33 and provideaccess under 1904.35 and 1904.40.132OSHA RECORDKEEPINGHANDBOOK
Thank you for your interest in occupational safety and health. We hope you find this informationhelpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation lettersexplain these requirements and how they apply to particular circumstances, but they cannotcreate additional employer obligations. This letter constitutes OSHA’s interpretation of the requirementsdiscussed. Note that our enforcement guidance may be affected by changes to OSHA rules.Also, from time to time we update our guidance in response to new information. To keep appraisedof such developments, you can consult OSHA’s website at http://www.osha.gov. If you have anyfurther questions, please contact the Division of Recordkeeping Requirements, at 202-693-1702.Sincerely,John L. HenshawAssistant Secretary§1904.31OSHA RECORDKEEPINGHANDBOOK133
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www.osha.govOSHARecordkeepingHandbo
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OSHARecordkeeping HandbookThe Regul
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ContentsRecordkeeping HandbookRoadm
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Section 1904.40Providing records to
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Section 1904.0Purpose(66 FR 6122, J
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Section 1904.1Partial exemption for
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Section 1904.2Partial exemption for
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employees, to OSHA within 8 hours (
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Partial Exemptions for Employers Un
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Section 1904.4Recording criteria(66
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Section 1904.5Determination of work
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(b)(7) How do I decide if a case is
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well, including providing informati
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This exception, which responds to i
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or she is in the work environment a
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have occurred but for the occupatio
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considered work-related. If an empl
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Question 5-12. Is work-related stre
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• The doctor described the illnes
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Scenario 7:• A site hired numerou
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Letter of interpretation related to
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These principles should be applied
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The problem with the response is tw
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Section 1904.6Determination of new
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the Guidelines stated that “the a
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estricted work. If the case is a pr
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• The doctor also prescribed the
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• The employees were under the di
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Section 1904.7General recording cri
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(iii) Do I have to record restricte
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of the length of time the employee
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then result in days away from work
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A partial day of work is recorded a
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In all other respects, the final ru
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ments. The Agency believes that the
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e recorded because it will require
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However, episodes of fainting from
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care professional, he or she may al
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“Other simple means” of removin
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For purposes of OSHA recordkeeping
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• When answering the doctor’s q
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Response: In the recordkeeping regu
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Letter of interpretation related to
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Section 1904.8Recording criteria fo
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Page 91 and 92: Section 1904.9Recording criteria fo
Page 93 and 94: Section 1904.10Recording criteria f
Page 95 and 96: hearing loss case that is not relat
Page 97 and 98: average of 10 decibels or more at 2
Page 99 and 100: argued that because the function of
Page 101 and 102: occurs, and where hearing loss can
Page 103 and 104: cases in their workplace via analys
Page 105 and 106: March 4, 2004Mr. Carl O. Sall, CIHD
Page 107 and 108: When the professional evaluating th
Page 109 and 110: (2) May I line-out or erase a recor
Page 111 and 112: Section 1904.12Recording criteria f
Page 113 and 114: These new statistics would add only
Page 115 and 116: Sections 1904.13 - 1904.28 Reserved
Page 117 and 118: two lines of the OSHA 300 Log to de
Page 119 and 120: which replace the OSHA 200 and 101
Page 121 and 122: different types of occupational ill
Page 123 and 124: OSHA 301 form. These data are usefu
Page 125 and 126: LETTERS OF INTERPRETATION: Section
Page 127 and 128: Question 2: Under 29 CFR Section 19
Page 129 and 130: and has adopted language in the fin
Page 131 and 132: Section 1904.31Covered employees(66
Page 133 and 134: label assigned to a worker is immat
Page 135 and 136: These workers should be evaluated j
Page 137 and 138: Response: A case is work-related if
Page 139: Response: Section 1904.31 states th
Page 143 and 144: year covered by the summary. The su
Page 145 and 146: 2. Number of employees and hours wo
Page 149 and 150: Section 1904.33Retention and updati
Page 151 and 152: June 23, 2003Mr. Edwin G. Foulke, J
Page 153 and 154: Section 1904.34Change in business o
Page 155 and 156: PREAMBLE DISCUSSION: Section 1904.3
Page 157 and 158: Incident Report (Forms 300 and 301,
Page 159 and 160: workers’ compensation claim. See
Page 163 and 164: Letter of interpretation related to
Page 165 and 166: Question 3: Using the facts in Ques
Page 167 and 168: Section 1904.37State recordkeeping
Page 169 and 170: tion, require employers to report f
Page 171 and 172: (5) If I receive a variance, may th
Page 173 and 174: Section 1904.39Reporting fatalities
Page 175 and 176: gation. Therefore, the final rule d
Page 177 and 178: Section 1904.40Providing records to
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Page 181 and 182: Response: The controlling employer
Page 183 and 184: FREQUENTLY ASKED QUESTIONS: Section
Page 185 and 186: OSHA and the BLS have worked togeth
Page 187 and 188: provide copies of the retained reco
Page 189 and 190: FREQUENTLY ASKED QUESTIONS: Section
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Section 1904.46Definitions(66 FR 61
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of business information. For exampl
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inconvenience associated with keepi
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skin disease, respiratory disorder,
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Question 2: Under 29 CFR Section 19
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