Determine Which Employer Records the Case (29 CFR 1904.31)
osha_determine_recording_employerDetermine which employer must record an injury for temps, leased workers, contractors, self-employed, or owners using the day-to-day supervision test under 29 CFR 1904.31.
Instructions
Decide WHOSE OSHA 300 Log a case belongs on when the injured person is not a straightforward payroll employee — a temp, a leased or supplied worker, a contractor's employee, someone self-employed, or an owner. Run this FIRST whenever the injured person is not on the employer's payroll: if the answer is 'the other employer' or 'no one', the rest of the chain is not this employer's obligation. The controlling test is DAY-TO-DAY SUPERVISION, not who issues the paycheck (1904.31(b)(2)-(b)(3)): a temp on an agency's payroll whose work you direct daily is your case to record. Self-employed people are not covered by the OSH Act at all (b)(1)), and owners or partners of a sole proprietorship or partnership are not employees for recordkeeping (a)). Every payroll category counts — part-time, seasonal and migrant workers included. 1904.31(b)(4) requires the case be recorded exactly once, never on both employers' logs. Reference and triage only — not legal advice.
Input Schema
| Name | Required | Description | Default |
|---|---|---|---|
| worker_relationship | Yes | The injured person's relationship to the employer asking. One of: on_your_payroll, temporary_leased_or_supplied, contractor_employee, self_employed, owner_or_partner. Note 'on_your_payroll' covers every category — labor, executive, hourly, salary, part-time, seasonal and migrant workers all count (1904.31(a)). | |
| you_supervise_day_to_day | No | Do YOU supervise this worker's work on a day-to-day basis? This is the controlling test for temporary, leased, supplied and contractor workers — not who issues the paycheck. Irrelevant for payroll employees, the self-employed, and owners or partners. |
Output Schema
| Name | Required | Description | Default |
|---|---|---|---|
| kind | Yes | ||
| value | Yes | ||
| cfr_cite | Yes | ||
| source_url | Yes | ||
| last_verified | Yes |