Injury-log duties for leased employees

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

February 12, 1992

Mr. Jack Zickafoose
USEC Fund Coordinator
United States Employer
Consumer Association, Inc.
[Recipient address omitted]
Dear Mr. Zickafoose:

One of my staff members recently learned about a letter sent by the Atlanta OSHA regional office to your company regarding recordkeeping and training responsibilities. The letter describes the responsibility for recording occupational injuries and illnesses when employees are provided by an employee leasing company. The Atlanta letter contains two issues that require some further clarification.

After a discussion with Mr. Tom Holland regarding scenarios one and two of your letter, it appears as though the employee leasing company is an agent to which the client company has contracted its personnel activities (payroll, workers compensation insurance, etc). As stated in the enclosed OSHA Review Commission decision involving the Dayton Tire and Rubber Company and Manpower Inc., the contracting of personnel functions does not change the status of the client company as an employer. The employer may use another company to keep its injury and illness records, but it is the employer who has a nondelegable duty to keep accurate and complete records.

The enclosed Recordkeeping Guidelines for Occupational Injuries and Illnesses also discusses the employer relationship. On page 24 of the guidelines, Question A-2 addresses the use of workers from a temporary help service on a contract basis. The answer states that "if the temporary workers are subject to the supervision of the using firm, the temporary help supply service contractor is acting merely as a personnel department for the using firm, and the using firm must keep the records for the personnel supplied by the service." Even though the employees in scenario one and two of your letter are not temporary employees, it appears that the leased employees are subject to the supervision of the using firm, and that the leasing company is acting as a personnel department for the using firm.

In short, the responsibility for recordkeeping is no different than the responsibility for training or any other OSHA requirement. The company that has direct supervision over the day-to day activities of employees is responsible for maintaining the injury and illness records for those employees.

The second issue discussed in the Atlanta letter concerns the linkage of workers' compensation claims with OSHA recordkeeping. Although many cases will be both recordable on the OSHA 200 Log and workers' compensable, the two systems use entirely different criteria for work relationship, severity, etc. Many cases that are recordable on the OSHA Log are not covered by workers' compensation. At the same time, many compensable cases are not recordable on the OSHA 200 Log. Question G-3 on page 46 of the recordkeeping guidelines specifically addresses this issue.

If you wish to discuss these issues further or have any questions, please contact my staff at (202) 523-1463.

Sincerely,
Stephen A. Newell
Acting Director Office
of Statistics

Enclosures

[Requester letter reproduced on OSHA page; omitted here.]