Recently, we received the following question from a subscriber:
On a multiemployer worksite, under the direction and control of a primary controlling contractor (C), one of the subcontracted employees (A) was struck by a vehicle and injured by another subcontractor (B). Whose OSHA 300 log should the injury be recorded on? The subcontractor (B) who injured the employee? The subcontractor (A) who pays his payroll? Or the controlling contractor (C)?
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Here’s our answer:
The general rule of thumb is that the employer that is supervising the employee at the work location records the injury, regardless of which employer is paying the employee. If the controlling contractor supervises the employee of subcontractor A on a day-to-day basis, the controlling contractor must record the injury. If the subcontractor’s employee is under the day-to-day supervision of the subcontractor, the subcontractor is responsible for recording the injury. The controlling contractor and subcontractor should coordinate their efforts to make sure that each injury or illness is recorded only once.