The OSHA Recordkeeping Standards are not widely understood by clients of staffing companies, which could create confusion within a staffing company. In an effort to clarify and simplify the application of the OSHA Recordkeeping Standards to the staffing industry, RCS has taken excerpts from those standards, OSHA publications, and OSHA Standard Interpretation letters and condensed them into the following paragraphs.
Staffing company clients must record the recordable injuries and illnesses that occur to employees who are not on their payroll if they supervise staffing company employees on a day-to-day basis. The client company and the staffing company should coordinate their efforts to make sure that each injury and illness is recorded only once: either on the client’s OSHA 300 Log (if they provide day-to-day supervision) or on the staffing company’s OSHA 300 Log (if the staffing company provides day-to-day supervision). According to OSHA, day-to-day supervision occurs when, “in addition to specifying the output, product or result to be accomplished by the person’s work, the employer supervises the details, means, methods, and processes by which the work is to be accomplished.”
Staffing companies need not record injuries and illnesses of those employees that are supervised on a day-to-day basis by another employer. A staffing company must record the recordable injuries and illnesses of those employees it supervises on a day-to-day basis, even if these employees perform work for an employer who is not covered by the recordkeeping rule.
Often a client will want to keep separate OSHA Logs for their employees and for staffing company employees. OSHA states that one OSHA Log is to be kept for each establishment. An establishment is a single physical location where business is conducted or where services or industrial operations are performed. The client may sub-divide the OSHA 300 Log to provide separate listings of staffing company employees, but must consider the separate listings to be one record for all recordkeeping purposes. OSHA’s view is that each establishment should have one OSHA Log.
Injuries and illnesses for all of the covered employees at that establishment are to be used to create a single OSHA 300-A Summary form at the end of the year. When staffing company employees are under the day-to-day supervision of the client company, the entire OSHA injury and illness recordkeeping responsibility belongs to the client, including the OSHA 301 forms.
The client, as the controlling employer, has the ultimate responsibility for making good-faith recordkeeping determinations regarding an injury and illness to a staffing company employee they supervise on a day-to-day basis. They must make reasonable efforts to acquire the necessary information from the staffing company in order to satisfy its OSHA recordkeeping requirements. If the client is unable to obtain information from the staffing company, the client should record the injury based on whatever information is available to them. Note that the preamble to the Recordkeeping Standard contains a brief reference about OSHA’s expectation that the employers share information to produce accurate records, stating that “the two employers have shared responsibilities and may share information when there is a need to do so.”
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