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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.
December 13, 1996
MEMORANDUM FOR: REGIONAL ADMINISTRATORS OFFICE OF TRAINING AND EDUCATION FROM: BOB WHITMORE Chief Division of Recordkeeping Requirements JOHN MILES Director Directorate of Compliance Programs SUBJECT: Injury and Illness recordkeeping requirements outlined in "Framework for a Comprehensive Health and Safety Program in Nursing Homes"
It has recently come to our attention that the "Framework for a Comprehensive Health and Safety Program in Nursing Homes" distributed by the Office of Training and Education contained erroneous information in regards to the recordkeeping requirements of temporary help agencies (see the "Temporary Employees" section, page 10 of the Framework - attached). Help supply services (SIC 7363) are generally exempt from the requirements of Part 1904, except for the reporting of fatalities and multiple hospitalization incidents and participation in the BLS Survey of Occupational Injuries and Illnesses. For OSHA injury and illness recordkeeping purposes, the primary factor to be considered in determining who should record work related injuries and illnesses of temporary workers is who supervises these workers on a day-to-day basis. If the workers 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 Recordkeeping Guidelines for Occupational Injuries and Illnesses.) Nowhere has any recordkeeping guidance from this office ever directed temporary help service agencies to also record cases for these types of workers on their records (see attached letter to Manpower, Inc.). Such a practice would obviously lead to double counting in the national statistics.
Please forward this information to your Area Offices. We need to continue to make every effort to coordinate our activities to ensure that the correct guidance is given concerning the recordkeeping requirements. If you have any questions, please call me at Area Code (202) 219-6466.