• Home
• Workers
• Regulations
• Enforcement
• Data & Statistics
• Training
• Publications
• Newsroom
• Small Business

June 1, 1990

MEMORANDUM FOR:     DAVID ZEIGLER, DIRECTOR
                   DIRECTORATE OF ADMINISTRATIVE PROGRAMS

ATTENTION:          JOHN KATALINAS

FROM:               PATRICIA K. CLARK DIRECTOR
                   DESIGNATE DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:            Clarification of Instructions for Completing "Number of
                   Employees Covered by Inspection"

A prime contractor is inspected, as part of a multi-employer worksite. On rare occasions, the prime contractor has no employees on site. How is Item 27 of the OSHA-1 form to be completed for the "Number of Employees Covered by Inspection"?

As you have stated, the current instructions are:

"Enter the number of employees at the worksite who are covered by, or affected by, the scope of the inspection for this establishment. Include all shifts. Enter a "0" (zero) in this item if the scope is `No Inspection'."

We assume that this question is asked because citations and penalties are proposed for the "prime" or general contractor. If this is the case, we suggest the following for consideration:

Through discussion with the subcontractors, information should be ascertained as to whether a general contractor's walk-around representative visits the prime contractor's site. If so, this number could be one.

If the prime contractor had engineers or overseers on the job at various times, obtain names and count these, even if they were not on the site during the walkaround.

If the reason for including an OSHA-1 on an employer who has no employees on-site is that we wish to cite the prime contractor as the controlling employer and/or the hazard-creating employer, then the total number of exposed employees on the job site should be used. This is done in accordance with the Field Operation Manual (FOM) Chapter V, F.3.

Please contact Odet Shaw at 523-8031 if further clarification is needed.