Recording injuries and illnesses

You must record work‑related, recordable injuries and illnesses for all employees on your payroll and for non‑payroll workers you supervise day‑to‑day. This includes labor, executive, hourly, salary, part‑time, seasonal, and migrant workers, and also covers employees who are not on your payroll if you provide day‑to‑day supervision. Note that owners of a sole proprietorship or partners in a partnership are not considered employees for these recordkeeping purposes. See the basic requirement in 1904.31(a) and the general rule at 1904.

No — you do not need to record injuries or illnesses to self‑employed individuals because they are not covered by the OSH Act or the Part 1904 recordkeeping regulation. See 1904.31(b)(1) and 1904.

You must record injuries and illnesses for temporary help employees when you supervise them on a day‑to‑day basis. If the staffing agency remains responsible for daily supervision, then the agency would generally record the case. See 1904.31(b)(2) for this rule and 1904 for the broader recordkeeping requirements.

The party that provides day‑to‑day supervision of the contractor’s employee must record the injury or illness. If the contractor supervises the worker day‑to‑day, the contractor is responsible; if you supervise the contractor’s employee day‑to‑day, you must record the case. See 1904.31(b)(3) and 1904.

You and the staffing agency, employee leasing service, personnel supply service, or contractor must coordinate so each injury or 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 employer provides day‑to‑day supervision). Employers should communicate promptly and document which employer will record each case to avoid duplicate entries. See 1904.31(b)(4) and 1904.

No — owners of a sole proprietorship and partners in a partnership are not considered employees for OSHA recordkeeping purposes and are not required to be recorded on the OSHA 300 Log. See 1904.31(a) and 1904.

If you make the day‑to‑day decisions about a worker’s tasks, schedule, work methods, tools, or performance evaluations, those are practical signs you provide day‑to‑day supervision and would be responsible for recording injuries. Other indicators include assigning specific job duties daily, directing the worker’s on‑site activities, or providing ongoing oversight and discipline. These factors help determine who must record a case under 1904.31(b)(2) and 1904.31(b)(3). See 1904 for the overall recordkeeping framework.

If you provide the day‑to‑day supervision of the worker’s activities, you must record the injury even if the staffing agency retains some contractual responsibilities. The decisive factor is who actually supervises the worker on a daily basis, per 1904.31(b)(2). See 1904 for the general rules.

If the contractor retains day‑to‑day supervision — managing schedule, discipline, and regular oversight — then the contractor should record the injury; occasional direction by you does not necessarily make you the day‑to‑day supervisor. The party with actual day‑to‑day supervisory control is responsible for recording under 1904.31(b)(3). See 1904 for context.

Generally no — you do not record injuries to visitors or customers who are not employees and who are not supervised on a day‑to‑day basis; 1904.31(a) requires recording for employees on your payroll and non‑payroll workers only when you supervise them day‑to‑day. If a non‑employee is present as a condition of employment and you do provide daily supervision, then recording may be required. See 1904.31(a) and 1904.

Yes — you may use software‑generated forms so long as they meet the requirements for equivalent forms in 29 CFR 1904.29 and 1904.32: they must contain the same information, be as readable and understandable, and be completed using the same instructions as the OSHA forms. Employers may keep records electronically provided the system can produce equivalent forms and make them available for employee and government access. See the Software‑generated OSHA recordkeeping forms letter (Apr. 29, 2025) and 1904 (see especially the requirements referenced in the interpretation to [1904.29]).

You should record the injury on your OSHA 300 Log because you provide day‑to‑day supervision; at the same time, document your communications with the staffing agency explaining that per 1904.31(b)(4) each case must be recorded only once and that the recording responsibility falls to the day‑to‑day supervisor. Keep records of who made the determination in case OSHA asks for supporting documentation; see 1904 for the overall requirements.

If the customer (the host employer) provides the day‑to‑day supervision of your employee while at the customer site, then the customer is responsible for recording the injury; if you retain day‑to‑day supervision, then you must record it. The rule focuses on who actually supervises the worker on a daily basis, per 1904.31(a) and 1904.31(b)(3).

Employers should agree in writing or by documented communication which employer will record each case based on who provides day‑to‑day supervision, and retain that documentation with their recordkeeping files. The regulation directs coordination so that each injury is recorded only once — either on the employer who provides daily supervision or on the other employer’s log — see 1904.31(b)(4) and the broader 1904 requirements.

No — you only record injuries and illnesses that occur while the person is your employee (or while you supervise them day‑to‑day). Injuries that occurred when the person was truly self‑employed and not your employee are not recordable under 1904.31(b)(1). Once the person becomes your employee, you must record any new work‑related injuries or illnesses that occur during their employment, in accordance with 1904.

Whoever actually provided day‑to‑day supervision of the worker at the time of the injury must record it; if the contractor retained day‑to‑day supervision even during the training, the contractor records the case, but if you were supervising the worker’s daily activities during that training you must record it. The deciding factor is who had day‑to‑day supervisory control, per 1904.31(b)(3) and 1904.

No — owners and partners of a sole proprietorship or partnership are not considered employees for recordkeeping purposes, so their injuries are not recorded on the OSHA 300 Log. See 1904.31(a) and 1904.31(b)(1).

You must provide access to the OSHA recordkeeping forms (OSHA Forms 300, 300A, and 301) or their equivalent electronic forms, and they must be available for inspection and copying by authorized government representatives and for employees, former employees, and their representatives per the access rules. If you use electronic or software‑generated equivalent forms, the records must be able to produce equivalent output for access requests in accordance with [1904] and the Software‑generated OSHA recordkeeping forms letter (Apr. 29, 2025).

Document your decision and communications (emails, memos, or a signed agreement) showing which employer provided day‑to‑day supervision and therefore which employer recorded the injury. Keep that documentation with your recordkeeping files to demonstrate compliance with 1904.31(b)(4) and the general recordkeeping requirements in 1904.