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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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If a temporary employee gets hurt on the job who is responsible

Resolved Question:

If a temporary employee gets hurt on the job who is responsible for that employee? The Employment Agency that the employee works for or the employer that contracted the agency to send a temporary employee? Who keeps the injury on the OSHA Logs the Temporary Agency the employee works for or the company that contracted the agency to send the temporary employee?
Submitted: 3 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 3 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

Who issued the w2 to the employee, was it the staffing agency or the employer?

Customer:

staffing agency

Customer:

am i doing this correct? should i wait for your answer?

wallstreetesq. :

Was workers compensation

wallstreetesq. :

paid through payroll taxes on your w2?

Customer:

no paid by the agency

wallstreetesq. :

If the employee is paid by the staffing agency, they would have covered the workers compensation in almost all cases,

wallstreetesq. :

The temporary agency would be liable for the injury and is required to log the injury as well.

Customer:

but my main question is osha logs. who carries the accident on the report? agency or company using agency?

wallstreetesq. :

1904.4(a)


Basic requirement. Each employer required by this Part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that:

1904.4(a)(1)


Is work-related; and

1904.4(a)(2)


Is a new case; and

1904.4(a)(3)


Meets one or more of the general recording criteria of § 1904.7 or the application to specific cases of § 1904.8 through § 1904.12.

1904.4(b)

wallstreetesq. :

Under OSHA regulations the employer which would the staffing agnecy would have to document the injury

wallstreetesq. :

staffing agency

wallstreetesq. :

Was the employee working in a hazardous area?

Customer:

is this true for illinois as well?

wallstreetesq. :

Yes, but their is an exemption in the law, where certain industries are exempt from reproting the injury and other are not,

Customer:

the employee was not working in a hazardous area.

wallstreetesq. :

OSHA RULE 1904.2(a)(1)


If your business establishment is classified in a specific low hazard retail, service, finance, insurance or real estate industry listed in Appendix A to this Subpart B, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under § 1904.41 or § 1904.42.
Customer:

we are a steel warehouse required to keep osha logs. We are not sure if an accident to a tempoary employee ( 4 stitches to arm) goes on our asha logs or the staffing agency. Based on what you have written it goes on the stafuing agency osha logs is this correct?

wallstreetesq. :

Yes it would be the employers liability, however if you are required to keep logs under OSHA guidelines, I would list the temporary employee on the log, and highlight the fact he was not an employee but a contractor,

Customer:

but is it required to put on our osha logs since he is not our employee?

wallstreetesq. :

Under recent rules that point to the exact situation OSHA has ruled the following : When the workers from a temporary service firm are under the day-to-day supervision of the controlling party (using firm), the entire OSHA injury and illness recordkeeping responsibility belongs to the using firm. This responsibility includes completion of an OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log. The agency that is supplying you workers should partner with your organization to ensure you receive the medical records and return to work updates necessary to complete your reports.


The record keeping requirements of OSHA are quite intricate.

wallstreetesq. :

Employers who supervise temporary employees at their work-site are required to maintain the OSHA 300 Logs for those employees. The controlling employer is often the company who uses the temporary workers because they direct the day-to-day work of the employee. Some companies prefer to sub-divide the OSHA 300 Log to provide separate listings of temporary workers and their own internal employees. However, the records must be maintained in one larger log for all recordkeeping purposes.

Customer:

thank you

wallstreetesq. :

OSHA just came out with these rules as their is significant confusion, as the law only requires Employers to keep logs, so this has cleared it up.

wallstreetesq. :

If you have any further questions please do not hesitate to ask

wallstreetesq. :

If satisfied please press the accept button so we can receive credit

Customer:

we were instructed to document the injury but not record it on our osha logs since the temporary agency will record on their osha logs. sounds correct to us why have on two different osha logs?

wallstreetesq. :

Has the agency stated they would do this?

Customer:

yes they said they record it on their osha logs

wallstreetesq. :

Than that should be fine,

wallstreetesq. :

The rules however,

wallstreetesq. :

do state:

wallstreetesq. :

When the workers from a temporary service firm are under the day-to-day supervision of the controlling party (using firm), the entire OSHA injury and illness recordkeeping responsibility belongs to the using firm

wallstreetesq. :

From my understanding the using firm, which would be you, would be required,

wallstreetesq. :

if they were under the day to day supervision

Customer:

when did these rules come out? sounds like recently based on your ealier messages?

wallstreetesq. :

Yes, in the past year

Customer:

2011 or 2010?

wallstreetesq. :

This was not a common issue until 2010

Customer:

a couple more questions sorry. how are we the employer to know what new rules are required by osha for record keeping? do they send updates or are we just suppose to know?

wallstreetesq. :

That is a good question,

Customer:

so since the temporary agency will file on their osha log we can either join them and do the same on our logs or accept that we may not have known the recording laws were recently changed/

wallstreetesq. :

The OSHA rules, are changed periodically, and HR staffs are supposed to review them yearly or whenever they come out.

wallstreetesq. :

I would record it, but if you do not, pleading ignorance would work in most cases, as this is new, and the injury was recorded.

wallstreetesq. :

If you have any further questions please do not hesitate to ask







If satisfied with our service please press the accept button so we can receive credit.



Customer:

you have been great. we will use you again. we defenitly documented the injury and reported it to the staffing agency as well as placed all copies in an employee file. what to do..........plead ignorance or record our 1st accident in 8 months when we have never gone an entire year clean. oh well i guess you are correct we should record it on our osha logs.... yikes it will destroy the morale in the shop....

wallstreetesq. :

Yes, but I would not take any chances,

wallstreetesq. :

Good luck

wallstreetesq. :

If you have any further questions please do not hesitate to ask




If satisfied with our service please press the accept button so we can receive credit.




Customer:

can i print the chat we just had?

wallstreetesq. :

Yes, once you accept the entire conversation will be saved

wallstreetesq. :

onto your account,

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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wallstreetfighter
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