Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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

January 5, 1993

Mr. Kenneth M. Colonna
Safety and Health Manager
Coca-Cola Bottling Co. Consolidated
Post Office Box 31487
Charlotte, North Carolina 28231

Dear Mr. Colonna:

Thank you for your letter dated December 14, requesting clarification of OSHA recordkeeping requirements for employees supplied by a temporary help service.

The primary factor to be considered in determining who should record work related injuries and illnesses of contract employees is who supervises these workers on a day-to-day basis. Thus, if the contract employees are subject to the supervision of the using firm, the using firm must keep the records for these personnel. (See Q&A A-2 on page 24 of the enclosed Recordkeeping Guidelines for Occupational Injuries and Illnesses.)

Additionally, the degree of supervision necessary to require maintenance of the injury/illness records is stated on page 24, Q&A A-1. "Employee status generally exists when the employer supervises not only the output, product or result to be accomplished by the person's work, but also the details, means, methods and processes by which the work objective is accomplished."

Temporary help services are normally exempt from OSHA recordkeeping requirements as an employer classified in a low- hazard industry and are not required to record injuries and illnesses on the OSHA Log. (See pages 4 and 5 of the Guidelines.) If Coca-Cola Bottling Co. Consolidated is providing day-to-day supervision to the contracted employees, it has the responsibility for recording their occupational injuries and illnesses on its own Log.

I hope you find this information useful. If you have any further questions, please contact my staff at Area Code (202) 219-6463.


Stephen A. Newell
Office of Statistics