[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1904.31]

[Page 57-58]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
Part 1904_Recording and Reporting Occupational Injuries and Illnesses
--Table of Contents
 
   Subpart D_Other OSHA Injury and Illness Recordkeeping Requirements
 
Sec. 1904.31  Covered employees.

    (a) Basic requirement. You must record on the OSHA 300 Log the 
recordable injuries and illnesses of all employees on your payroll, 
whether they are labor, executive, hourly, salary, part-time, seasonal, 
or migrant workers. You also must record the recordable injuries and 
illnesses that occur to employees who are not on your payroll if you 
supervise these employees on a day-to-day basis. If your business is 
organized as a sole proprietorship or partnership, the owner or partners 
are not considered employees for recordkeeping purposes.
    (b) Implementation. (1) If a self-employed person is injured or 
becomes ill while doing work at my business, do I need to record the 
injury or illness? No, self-employed individuals are not covered by the 
OSH Act or this regulation.
    (2) If I obtain employees from a temporary help service, employee 
leasing service, or personnel supply service, do I have to record an 
injury or illness occurring to one of those employees? You must record 
these injuries and illnesses if you supervise these employees on a day-
to-day basis.
    (3) If an employee in my establishment is a contractor's employee, 
must I record an injury or illness occurring to that employee? If the 
contractor's employee is under the day-to-day supervision of the 
contractor, the contractor is responsible for recording the injury or 
illness.

[[Page 58]]

If you supervise the contractor employee's work on a day-to-day basis, 
you must record the injury or illness.
    (4) Must the personnel supply service, temporary help service, 
employee leasing service, or contractor also record the injuries or 
illnesses occurring to temporary, leased or contract employees that I 
supervise on a day-to-day basis? No, you and the temporary help service, 
employee leasing service, personnel supply service, or contractor should 
coordinate your efforts to make sure that each injury and illness is 
recorded only once: either on your OSHA 300 Log (if you provide day-to-
day supervision) or on the other employer's OSHA 300 Log (if that 
company provides day-to-day supervision).