OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. 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 apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
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"
This is in response to your memorandum of March 14, same subject, requesting guidance on the following situation:
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.