June 24, 1999

Linda Ballas
Linda Ballas & Associates
4413 Copper Creek Lane
Toledo, OH 43615

Dear Ms. Ballas:

Thank you for your letter dated February 16, 1999 requesting clarification concerning employees who work or travel overseas. Please excuse the delay in our response. I will respond by citing the regulations from 29 CFR Part 1904 and the Recordkeeping Guidelines for Occupational Injuries and Illnesses (Recordkeeping Guidelines), by page and Q&A number(s), whenever possible.

Question 1: Two of our employees who work in the United States will be traveling to Germany to work for one month. If they are injured in Germany, will the United States company have to record this injury? Or, will this injury that is beyond first aid, not be recorded at all since the injury occurred outside the United States and its territories. (Recordkeeping Guidelines Page 4, Q&A-12).

Section 4(a) of the OSH Act of 1970 provides that: "This Act shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone. The Secretary of the Interior shall, by regulation, provide for judicial enforcement of this Act by the courts established for areas in which there are no United States district courts having jurisdiction."

Injuries and illnesses which occur while the employee is traveling in places where OSHA does not have jurisdiction do not need to be recorded on the company OSHA log.

Question 2: With the same scenario above, if we send a supervisor along with the two employees to Germany and there is an injury beyond first aid, does it make a difference?

No, this would not impact the answer given to Question No. 1.

Question 3: If a company sends two of their employees from their normal job site in Ohio to Texas to work for 3 months and one employee has an injury beyond first aid, does this case go on the Ohio log or the Texas log?

As defined in Q&A C-2 on Pages 5-6 of the Recordkeeping Guidelines, "The distinction between an establishment and a firm refers to the structure of the business. An establishment is a single physical location where business is conducted or where services or industrial operations are performed. A firm consists of the entire business enterprise (the corporation, company, partnership, etc.) and may include one or more establishments." I am assuming that the Ohio and Texas sites are establishments of different firms and not two establishments of the same firm. The degree of supervision is the primary determinant then; i.e., the employer who supervises the workers' day-to-day activities is responsible for recording their injuries and illnesses. Thus, if the two Ohio employees are supervised by Texas personnel on a day-to-day basis with regard to the details, means, methods, and processes by which the work objective is accomplished, then the injury or illness would be recorded on the Texas log (See Q&A A-1 on Page 24 of the Recordkeeping Guidelines). If the Ohio employees work independently of Texas supervision, then the injury or illness would be recorded on the Ohio log as that is the location of their firm or the location from which they are paid and the base of their firm's personnel operations (See Q&A B-2 on Page 21 of the Recordkeeping Guidelines).

However, if the Ohio and Texas sites are establishments for the same firm, the injuries would be reported on the log for the establishment where they occurred. Thus, if the two Ohio employees suffered a work-related injury or illness while working at a firm's establishment in Texas, the injury or illness would be recorded on the log for the firm's establishment in Texas.

Does it make a difference if the employee is not an outside contractor, but was supervised day to day by the Texas employer?

The records should be kept by the employer/firm responsible for the day-to-day direction of the employee's activities (See above and Q&A A-2 on Page 24 of the Recordkeeping Guidelines).

Question 4: On Page 4 of the Recordkeeping Guidelines, the answer in Question A-14 talks about the United States and its territories. What specific territories?

Section 4(a) of the OSH Act of 1970 provides that: "This Act shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone. The Secretary of the Interior shall, by regulation, provide for judicial enforcement of this Act by the courts established for areas in which there are no United States district courts having jurisdiction."

I hope you find this information useful. If you have any further questions or comments, please contact the Division of Recordkeeping Requirements, at Area Code: (202) 693-1702.

Sincerely,

Cheryle A. Greenaugh
Director, Directorate of Information Technology