Contract Employee

Contract Employee

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.