From the Hotline: OSHA 300 Log Reporting and Contingent Employees

Question: We conduct hearing tests on employees and record any discovered hearing loss on our OSHA 300 log. Are we required to conduct tests on our contingent employees, and if so, should we report those hearing losses differently?

Answer: When a staffing agency supplies temporary workers to a business, typically the staffing agency and the employer (also known as the host employer) are joint employers of those workers. Both employers are responsible to some degree for determining the conditions of employment and for complying with the law.

In this joint employment structure, questions regarding which employer is responsible for particular safety and health protections are common. OSHA’s Temporary Worker Initiative bulletin addresses how to identify who is responsible for recording work-related injuries and illnesses of temporary workers on the OSHA 300 log. Injuries and illnesses should be recorded on only one employer’s injury and illness log. In most cases, the host employer is the one responsible for recording the injuries and illnesses of temporary (or contingent) workers.