Is It Recordable?
Scenario Q213

Contract Employee: is it recordable?

Verdict: Not recordable
Published 2021-09-12

Question

A long-term contract employee, responsible for repairing/maintaining equipment, gets his foot crushed under a large piece of equipment at work and has his toe amputated. The employee's daily activities were supervised by the contract employer, not by your employer. Is it recordable?

Answer

NO. While the injury is recordable for the contract employee's direct supervising employer, it is NOT recordable for your company. This injury must be recorded by the contract employer and also reported to OSHA within 24 hours.

1904.31(b)(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. If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness.

1904.39(a)(2)Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.

How to Report an Amputation

Illustration for the scenario: Contract Employee

This is guidance based on 29 CFR Part 1904 and OSHA letters of interpretation. Facts and details may be altered or fictional. As specified by OSHA, the employer is responsible for the final recordability determination.