OSHA Recordkeeping Handbook - denix

Question 3: Using the facts in Question 2, it is also important to note that an injured temporary or leasedemployee, who requires days from work, may be replaced by another leased or temporary employee atthe work site. From time of the injury, the employer has no information about the return to work statusof the injured employee. In fact, the injured employee may be assigned to another employer once he orshe is able to return to work. How can the original employer keep accurate 300 Logs when the employeeprovider has sole access to information on days away from work 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 they supervise on aday-to-day basis. Although controlling employers ultimately decide if and how a particular case should berecorded, their decision must not be an arbitrary one, but should be made in accordance with the requirementsof the Act, regulation, and the instructions on the forms. Therefore, the controlling employer mustmake reasonable efforts to acquire the necessary information in order to satisfy its Part 1904 recordkeepingrequirements. However, if the controlling employer is not able to obtain information from theemployer of the leased or temporary employee, the controlling employer should record the injury basedon whatever information is available to the controlling employer. The preamble contains a brief referenceabout OSHA’s expectation that the employers share information to produce accurate records, stating that“the two employers have shared responsibilities and may share information when there is a need to doso.” (Federal Register p. 6041)Finally, the last question you raised is whether your client or contractor has any requirements under therecordkeeping standard to provide the new contractor the current OSHA 300 Logs for that facility coveringthose employees who now work for that contractor? Since there was no change of your client’s businessownership, he or she needs only to retain the records as per 1904.33 and provide access under1904.35 and 1904.40.Thank you for your interest in occupational safety and health. We hope you find this information helpful.OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain theserequirements and how they apply to particular circumstances, but they cannot create additional employerobligations. This letter constitutes OSHA’s interpretation of the requirements discussed. Note that ourenforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update ourguidance in response to new information. To keep appraised of such developments, you can consultOSHA’s website at http://www.osha.gov. If you have any further questions, please contact the Division ofRecordkeeping Requirements, at 202-693-1702.Sincerely,John L. HenshawAssistant Secretary§1904.35OSHA RECORDKEEPINGHANDBOOK157