Who Records a Temporary Worker Injury on OSHA 300?
Picture this: a temp worker slips on a wet warehouse floor, twists an ankle, and heads to the doctor. The staffing agency sends the invoice as usual. Your on-site supervisor directed the shift. Now what? Who records this on the OSHA 300 Log?
Under 29 CFR 1904.31, the employer that provides day-to-day supervision of the worker records the case on its OSHA 300 Log. Payroll status, staffing-agency invoices, and contract labels do not decide it. Each injury or illness is recorded once. If you are searching for clarity on who records temporary worker injury OSHA 300 log, the answer hinges on supervision, not paperwork.
This rule cuts through confusion in multi-employer settings common to small businesses. It ensures accountability aligns with control. Let's break it down step by step.
What 29 CFR 1904.31 Actually Requires
OSHA's recordkeeping standard starts simple. Section 1904.31(a) directs you to record injuries and illnesses of all employees on your payroll. That covers labor, executives, hourly workers, salaried staff, part-timers, seasonal hires, and migrants. But it goes further: record cases for employees not on your payroll if you supervise them day-to-day.
Sole proprietorships and partnerships get a carve-out. Owners or partners are not considered employees for recordkeeping purposes.
- 1904.31(b)(1): Self-employed individuals fall outside the OSH Act and this regulation. Do not record a truly self-employed person's injury on your 300 Log.
- 1904.31(b)(2): Workers from temporary help services, employee leasing firms, or personnel supply agencies go on your log if you supervise them day-to-day.
- 1904.31(b)(3): For contractor employees, the contractor records if they retain day-to-day supervision. If you supervise that worker, you do.
- 1904.31(b)(4): Host employers and supply services or contractors must coordinate. Each case gets recorded only once.
These provisions prevent double-recording and gaps. They focus on reality over labels. Learn more about core OSHA recordkeeping requirements for small businesses.
The Day-to-Day Supervision Test
What counts as day-to-day supervision? OSHA defines it as controlling the details, means, methods, and processes of the work. You do not merely specify the end result. Actual practice trumps contract language every time.
Consider the pace of a busy shift. Does your foreman assign specific tasks, tools, and sequences? Do you dictate safety protocols, break times, and work paths? That signals supervision.
Example A: Staffing Agency Picker
A warehouse host brings in pickers from a staffing agency. The host supervisor greets them at the dock, hands out scanners, assigns aisles, sets pick rates, and enforces pallet stacking methods. Even if the agency handles payroll, the host supervises day-to-day. The host records the injury.
Example B: Contractor Electrician
A licensed electrician arrives from a contractor to rewire offices. The contractor's foreman leads the crew, selects tools from their van, directs lockout-tagout steps, and troubleshoots circuits. The host only points to the panel location. The contractor records.
These distinctions matter in the moment. Supervision shapes safety and recordkeeping alike.
Temporary, Leased, and Contractor Employees
Temporary help services send workers for short stints. Employee leasing firms provide ongoing staff under long-term agreements. Contractors bring specialized skills. Across all, supervision dictates the recorder.
Hosts often supervise temps closely, integrating them into daily operations. Leased employees might blend into teams, with host leads calling shots. Contractors vary: some operate independently; others embed under host direction.
Contract clauses claiming "we record everything" hold no weight if you direct the work. OSHA looks to facts on the ground.
Self-Employed People and Owners
Clear boundaries apply here. A true self-employed sole proprietor, like a freelance plumber you hire by the job, stays off your log. Their independence exempts them.
Owners and partners in sole proprietorships or partnerships follow suit. No recordkeeping for their cases. Watch for misclassification, though: if a "self-employed" worker functions like an employee under your supervision, record accordingly.
One-Case-Only Coordination Examples
Duplication wastes time and invites audits. Section 1904.31(b)(4) mandates coordination. Here's how it plays out.
Scenario one: Your safety coordinator calls the staffing agency after a temp's cut. "We supervised; we'll record. Send your 301 details if needed." Agency confirms no duplicate entry.
Scenario two: Contractor reports a fall. Their foreman supervised. You verify and step back. One log entry suffices.
Build this into protocols. Quick huddles prevent overlaps.
Assigning Responsibility Before the 301
Pinpoint the recorder early. Before filling OSHA 301 details, gather the team. Ask: Who assigned tasks? Who enforced methods?
- Supervisor recounts direction given.
- HR checks payroll source.
- Contact agency or contractor for their view.
- Agree on the supervising employer.
- That party enters the 300 case, links 301 data, and shares the case number.
This avoids mismatched names, duplicated days away, or conflicting case numbers. Confirm if the injury qualifies as work-related per OSHA guidelines. See the difference between recordable and reportable injuries.
Keep Recordkeeping Separate from Severe-Incident Reporting
Recordkeeping under 1904.31 differs from severe-incident reporting in 1904.39. The latter demands quick action: fatalities within 8 hours; in-patient hospitalizations, amputations, or eye losses within 24 hours.
OSHA expects the supervising employer to report severe cases, typically. Contracts do not override this. Always check current OSHA Temporary Worker Initiative guidance and 1904.39. Treat them as distinct duties.
Accuracy Notes and Caveats
This outlines 29 CFR 1904.31. It is not legal advice. State Plans may impose extra requirements. Joint-employer safety duties extend beyond identifying one recorder. Misclassified "contractors" supervised like employees require recording. Verify the regulation directly.
Contract language does not override actual practice. Supervision defines responsibility.
Small teams juggling temps thrive on clear processes. Supervision clarifies who steps up.
Streamline with FORM 300 LOGBOOK
FORM 300 LOGBOOK offers a recordkeeping workspace with guided entry. Teams capture who supervised the worker, then link 301 details to a single 300 case. Open the workspace. No e-filing claims. No guaranteed compliance. No OSHA endorsement.
Master supervision. Record right. Stay focused on the work that matters.