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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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

September 11, 1995

Mr. Stuart Flatow
Occupational Health Specialist
American Trucking Associations
2200 Mill Road
Alexandria, Virginia 22314-4677

Dear Mr. Flatow:

Thank you for your letter dated August 21, requesting confirmation of guidance for recording injuries and illnesses which occur at other employers' premises. Whenever possible, I will refer to the Recordkeeping Guidelines for Occupational Injuries and Illnesses by citing the appropriate page and Q&A numbers.

When determining who should record work related injuries and illnesses of contract employees, the primary factor to be considered is who supervises these workers on a day-to-day basis. If contract employees are subject to the supervision of the using firm, the using firm must keep the records for these personnel (Q&A A-2 on page 24). Additionally, the degree of supervision necessary to determine the employer/employee relationship 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."

Work related injuries and illnesses which occur to a truck driver who is present at a work location other than his or her employer's premises, and who does not receive "day-to-day supervision" from the contracting or using firm, must be recorded on the Log of the employer of the truck driver.

Generally, independent truck drivers operating on a contract basis are not considered employees of the using firm and injuries and illnesses occurring to these workers should not be recorded on the using firm's log (page 25, Q&A A-4). Again, the determination of employer/employee relationship must be made based on the degree of day-to-day supervision given by the using firm.

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


Bob Whitmore
Division of Recordkeeping Requirements