TL;DR
Under 29 CFR 1904.31, the employer that provides day-to-day supervision of a temporary worker is responsible for recording that worker’s injuries and illnesses on the OSHA 300 Log. In most cases, this is the host employer, not the staffing agency. Only one employer records each case, but both share responsibility for worker safety and must coordinate their recordkeeping obligations.
Who is Responsible for OSHA Temporary Worker Recordkeeping?
Under 29 CFR 1904.31, the employer that provides day-to-day supervision is legally required to record a temporary worker’s injuries and illnesses on the OSHA 300 Log. In almost all staffing arrangements, this is the host employer, not the staffing agency. Only one employer may record each case, and payroll status does not determine recordkeeping responsibility.
What “OSHA Temporary Worker Recordkeeping Responsibility” Means
OSHA temporary worker recordkeeping responsibility refers to the legal obligation under 29 CFR 1904.31 to record a temporary worker’s workplace injuries and illnesses on the OSHA 300 Log. The core rule is straightforward: whichever employer supervises the temporary worker on a day-to-day basis must maintain the records. Because host employers typically direct the details, means, methods, and processes of the work, they are usually the ones required to record.
This single question, who records, trips up employers more than almost any other recordkeeping issue. BLS surveys have found that many worksite employers don’t even know they’re supposed to include temp worker injuries on their logs, meaning a significant number of these injuries go unreported entirely.
If your company uses temporary labor and you’re unsure whether your OSHA logs are accurate, an OSHA recordkeeping consultant can identify gaps before they become citations.
Key Terms Defined
Temporary Worker
For OSHA purposes, a temporary worker is someone hired and paid by a staffing agency and supplied to a host employer to perform work on a temporary basis. This definition applies regardless of how long the assignment lasts. A “temp” working at the same facility for six months is still a temporary worker under this framework.
Host Employer
The host employer is the company that receives the temporary worker and directs their work at the job site or facility. In construction, this is typically the general contractor or subcontractor that requested labor from a staffing agency.
Staffing Agency
The staffing agency (also called the temporary staffing firm or supplier) hires, pays, and assigns the worker to the host employer. The agency handles payroll, benefits, and other HR functions.
Joint Employer
OSHA considers the staffing agency and host employer to be joint employers of the temporary worker. Both share responsibility for maintaining a safe work environment, including OSHA-required training, hazard communication, and recordkeeping compliance. But here’s the critical nuance: while safety obligations are shared, recordkeeping responsibility belongs to only one employer.
Day-to-Day Supervision
This is the controlling definition for the entire recordkeeping question. According to OSHA’s 2015 standard interpretation, day-to-day supervision occurs when, “in addition to specifying the output, product or result to be accomplished by the person’s work, the employer supervises the details, means, methods and processes by which the work is to be accomplished.”
Activities like processing vacation requests, managing compensation and benefits, or conducting drug screening are human resource functions. They do not constitute day-to-day supervision. What matters is who assigns the daily tasks and controls how the work gets done.
OSHA 300, 300A, and 301 Forms
The OSHA 300 Log is the running record of each recordable injury and illness at an establishment. The 300A is the annual summary posted from February 1 through April 30. The 301 is the individual incident report form completed for each case. All three forms apply when recording temp worker injuries.
The Regulatory Framework: 29 CFR 1904.31
The Basic Requirement
Section 1904.31 requires employers to record injuries and illnesses for all employees on their payroll. It then extends this requirement: employers must also record injuries and illnesses for workers not on their payroll if they supervise those workers on a day-to-day basis.
This is why payroll status does not determine OSHA temporary worker recordkeeping responsibility. The fact that a staffing agency cuts the worker’s paycheck is irrelevant. If the host employer directs the worker’s tasks, the host employer records.
The One-Log Rule
Section 1904.31(b)(4) states that each injury or illness should appear on only one employer’s log, even when joint employment exists. OSHA has specifically noted that “for purposes of OSHA recordkeeping, there cannot be joint day-to-day supervision of temporary workers.” One employer records. Period.
According to a 2003 standard interpretation, host employers should not keep separate OSHA 300 Logs for temporary employees. They can subdivide the same log to list temps in a separate section, but it must be treated as one record for all recordkeeping purposes.
The Day-to-Day Supervision Test
If your company assigns daily tasks to temporary workers, you are supervising the details, means, methods, and processes of their work. That means the OSHA 300 Log entry belongs to you.
The mere presence of a staffing agency representative on-site does not transfer this duty. As long as the host company maintains direct oversight of the temps, the host company records.
For contractors managing complex projects with mixed workforces, understanding where this obligation falls is essential. A thorough review through OSHA recordkeeping services can prevent both under-reporting and over-reporting errors.
Host Employer vs. Staffing Agency Responsibility Matrix
OSHA 300 Log Recording
Host Employer: Yes (if providing day-to-day supervision)
Staffing Agency: No (unless supervising daily methods and tasks)
TRIR & DART Hour Inclusion
Host Employer: Yes (must include temp worker hours & cases)
Staffing Agency: No (for supervised placements)
Site-Specific Safety Training
Host Employer: Yes (hazards, equipment, site emergency)
Staffing Agency: General (broad rights, HazCom basics)
PPE Provision
Host Employer: Shared (typically host provides site-specific gear)
Staffing Agency: Shared (typically agency provides basic gear)
Injury Reporting & Tracking
Host Employer: Primary (manages days away / restrictions)
Staffing Agency: Secondary (must verify and coordinate status)
OSHA’s Temporary Worker Initiative: Why Enforcement Intensified
Origins and Scale
In April 2013, OSHA launched the Temporary Worker Initiative (TWI) after receiving and investigating numerous reports of temporary workers suffering serious or fatal injuries, many within their first week on the job. The temporary worker industry had grown 125% since 1990, with approximately 10 million employees in temporary jobs per year at the time of the initiative’s launch.
The injury data behind this initiative is stark. A ProPublica analysis of workers’ compensation claims across five states found that temporary worker injury rates were between 36% and 72% higher than rates for non-temporary workers. A 2010 study of Washington state’s workers’ comp claims found that temp workers in construction and manufacturing had twice the claims rate of regular workers doing the same type of work.
TWI Bulletins
The initiative produced five bulletins, each addressing a specific compliance area:
Bulletin No. 1: Recordkeeping requirements (the most directly relevant to OSHA temporary worker recordkeeping responsibility)
Bulletin No. 2: Whistleblower protection rights
Bulletin No. 3: Personal protective equipment
Bulletin No. 4: Safety and health training
Bulletin No. 5: Hazard communication
Enforcement Track Record
The TWI produced real consequences. Of 54 reported cases where citations were issued under the initiative, 42 involved both a host employer and a staffing agency. OSHA can and does cite both parties.
The penalties aren’t distributed equally, though. In one notable case, OSHA cited Sunfield Inc. for 57 violations with proposed fines of $3.4 million, while the three staffing agencies that supplied the workers received fines of only $7,000 each. The pattern is clear: host employers bear the heavier enforcement burden.
If a temporary worker operates a forklift without training, for example, OSHA may cite the staffing agency for failing to provide formal instruction and cite the host employer for failing to provide practical, site-specific training. If you’ve received a citation related to temp workers, understanding the OSHA citation response process is the critical first step.
How to Determine Your OSHA Recordkeeping Duty (3-Step Checklist)
Evaluate Supervision: Does your company dictate the daily tasks, tools, methods, and direct oversight of the worker?
YES: You are the recording employer.
NO: Proceed to Step 2.
Review Staffing On-Site Presence: Does the staffing agency maintain a physical supervisor on-site who directly manages the execution and details of the work?
YES: The staffing agency records.
NO: Proceed to Step 3.
Resolve Shared Control: If supervision is genuinely split, review the written staffing contract to verify designated recordkeeping responsibilities, ensuring it reflects actual operational practice.
Who Records What: A Decision Framework
Scenario 1: Host Employer Assigns Daily Tasks
A general contractor brings in temporary laborers from a staffing agency. The GC’s superintendent assigns them to specific crews, tells them where to work, what tasks to perform, and how to perform them safely. The staffing agency handles payroll and benefits but has no on-site presence directing the work.
Result: The GC records any injuries on its OSHA 300 Log. This is the most common arrangement and the default assumption OSHA operates under.
Scenario 2: Staffing Agency Provides On-Site Supervision
A staffing agency supplies workers to a manufacturing facility but also stations its own supervisor on-site. That supervisor assigns tasks, directs work methods, and controls the pace and process of the temp workers’ daily activities. The host facility provides the workspace but doesn’t direct the temp workers’ specific tasks.
Result: The staffing agency records. This scenario is less common but possible, particularly when a staffing agency contracts to perform a specific scope of work rather than simply supplying labor.
Scenario 3: Shared Supervision (The Gray Area)
A subcontractor on a commercial construction project receives temps from a staffing agency. The sub’s foreman assigns daily tasks, but the staffing agency’s field supervisor also visits the site regularly, conducts toolbox talks, and occasionally redirects workers between tasks.
Result: This is where it gets complicated. OSHA’s 2014 policy memo advises that when supervisory roles are shared, the two employers should reach a written agreement about who records. In practice, OSHA will look at who exercises the most control over the details, means, and methods of the work. The party that assigns daily tasks almost always carries the recordkeeping duty.
The Key Takeaway
Don’t assume the staffing agency handles everything. In the vast majority of arrangements where a host employer directs the work, the OSHA temporary worker recordkeeping responsibility falls squarely on the host.
How Temp Worker Injuries Affect Your TRIR and DART
If your company supervises temporary workers on a day-to-day basis, you must include both their recordable incidents and their hours worked in your TRIR and DART calculations.
This matters enormously for contractors who use platforms like ISNetworld or Avetta for prequalification. Temp worker injuries you supervise directly inflate your incident rates, which can affect your ISNetworld scores and your ability to win bids. Under-recording is an OSHA citation risk. Over-recording (including injuries for workers you don’t actually supervise) inflates your rates artificially.
The calculation is simple in concept:
Include hours worked by all temporary workers whose day-to-day work you supervise
Do not include hours for temporary workers supervised by the staffing agency
Include all recordable injuries for the workers whose hours you count
For context, the 2024 BLS data shows the all-industries average for private sector employers was 2.3 cases per 100 full-time equivalent workers, with construction running around 2.4. If improperly managed temp worker data is pushing your rates above these benchmarks, it affects insurance costs and contract eligibility.
Companies subject to OSHA’s expanded electronic submission rule (Form 300A and Form 301 via the Injury Tracking Application) must ensure temporary worker data is fully captured and deduplicated prior to filing.
Common Mistakes and Confusion Points
Assuming the staffing agency handles everything. This is the single most common error. Unless the staffing agency exercises day-to-day supervision (which is rare), the host employer records.
Keeping a separate 300 Log for temps. You can subdivide your existing log to list temporary workers in a separate section, but you cannot maintain a completely separate log. It must be treated as one establishment record.
Not tracking days away from work when the temp is reassigned. When a temporary worker is injured at your site and then reassigned by the staffing agency to a different employer during recovery, you still need to track the restricted or lost workdays. This requires coordination with the agency, and practitioners have noted it’s one of the most frustrating aspects of the system. The worker essentially disappears from the host employer’s view, making accurate case tracking difficult without a deliberate communication process.
Failing to train temps on how to report injuries. Both the staffing agency and the host employer must ensure temporary workers know how to report work-related injuries and illnesses. This includes setting up a clear reporting system and training workers on it from day one.
Not addressing recordkeeping in the staffing contract. OSHA recommends that the staffing agency and host employer define their respective responsibilities for compliance with applicable OSHA standards in their contract. All five TWI bulletins emphasize that neither employer is exempt from liability because the other failed to fulfill its obligations.
Ignoring language barriers. Former OSHA Administrator Dr. David Michaels addressed this directly: employers cannot use language differences as an excuse for failing to train workers. If you hire a worker, they must be trained in a vocabulary and language they understand. For companies with Spanish-speaking temporary workers, bilingual safety training is not optional; it’s a regulatory expectation.
Best Practices Checklist for Host Employers
Define responsibilities before work begins. Put recordkeeping, training, and injury-reporting obligations in the staffing agreement. Spell out which party records, who provides site-specific training, and how injuries will be communicated.
Train every temporary worker on injury reporting on day one. Don’t wait. OSHA data shows that serious and fatal injuries disproportionately occur within a temp worker’s first week on the job.
Train in the language workers understand. Provide instruction in English, Spanish, or whatever language the worker needs to comprehend the reporting process and safety procedures.
Notify the staffing agency immediately when an injury occurs. Even though the host employer records, the agency has a continuing obligation to verify that injuries are properly documented.
Coordinate with the agency to track days away from work. Establish a communication protocol so you can accurately track restricted duty and lost workdays, even if the worker is reassigned.
Allow agency personnel to periodically review relevant logs. This supports the shared safety obligation and helps catch errors.
Post the OSHA 300A Summary as required. The annual summary must be posted from February 1 through April 30. Temporary worker injuries recorded on your log must be included.
Include temp worker hours in your TRIR calculations and electronic submissions. Accurate data in, accurate rates out. Your prequalification scores depend on it.
Review your safety manual to confirm it addresses temporary worker procedures. Many written programs are silent on temp worker responsibilities, creating a compliance gap.
Understand that OSHA can cite either employer, or both, under the General Duty Clause. Neither the host employer nor the staffing agency gets a pass because the other party dropped the ball.
Construction-Specific Considerations
Construction presents unique challenges for OSHA temporary worker recordkeeping responsibility. Workers move between sites. Multiple subcontractors share the same jobsite. Staffing agencies may supply labor to several contractors simultaneously.
Consider a concrete subcontractor that brings in temporary laborers to supplement a pour crew. The sub’s foreman assigns tasks, directs placement, and supervises the pour. If a temp worker is injured, that subcontractor records the injury, not the GC and not the staffing agency.
Now consider the same jobsite where the GC uses a staffing agency for general labor, flagging, or cleanup. If the GC’s superintendent directs those workers throughout the day, the GC records any injuries. But if the staffing agency has its own on-site lead who controls the crew’s movements and tasks, the agency may be the recording employer.
The test always comes back to the same question: who supervises the details, means, methods, and processes of the work?
For construction companies managing ISNetworld OSHA log requirements, getting this right is doubly important because inaccurate logs create problems both with OSHA and with client prequalification platforms.
When to Get Professional Help
OSHA temporary worker recordkeeping responsibility sounds simple in theory: whoever supervises, records. In practice, the gray areas multiply quickly. Shared supervision arrangements, multi-employer construction sites, workers who get reassigned mid-recovery, and staffing contracts that don’t address recordkeeping at all create real compliance exposure.
If your company uses temporary labor regularly and isn’t confident that your OSHA logs accurately reflect your obligations, professional support makes sense. Getting it wrong in either direction costs you: under-recording invites citations, and over-recording inflates your incident rates.
Get OSHA recordkeeping help from a qualified consultant →
Frequently Asked Questions
Does the staffing agency ever have to record a temp worker’s injury?
Yes, but only when the staffing agency exercises day-to-day supervision over the worker. This means the agency must control the details, means, methods, and processes of the work, not just handle payroll and HR functions. In most arrangements, the host employer supervises and therefore records.
Can both employers record the same injury?
No. Under 29 CFR 1904.31(b)(4), each recordable injury or illness goes on only one employer’s OSHA 300 Log. OSHA has stated that there cannot be joint day-to-day supervision for recordkeeping purposes. The employers should agree in writing which one records.
Do temp worker injuries count toward my TRIR?
If you provide day-to-day supervision of those workers, yes. You must include both their recordable injuries and their hours worked in your TRIR and DART calculations. This directly affects contractor prequalification scores on platforms like ISNetworld and Avetta.
What if the staffing contract says the agency is responsible for recordkeeping?
A private contract does not override OSHA’s regulatory requirements. If you exercise day-to-day supervision, you have the recordkeeping obligation regardless of what the contract says. The contract can and should address how the parties will coordinate, but it cannot shift a legal duty that OSHA places on the supervising employer.
How do I track days away from work if the temp leaves my site?
This requires active coordination with the staffing agency. When a temporary worker is injured at your site and then reassigned or leaves the workforce during recovery, you are still responsible for tracking restricted duty or lost workdays. Establish a communication protocol in your staffing agreement that requires the agency to report the worker’s status until the case is closed.
Are there specific training requirements for temporary workers?
Both the host employer and staffing agency share training responsibilities. The staffing agency should provide general safety orientation and formal training (such as hazard communication). The host employer must provide site-specific training, including hazard awareness, emergency procedures, and task-specific instruction. All training must be delivered in a language the worker understands.
What happens if I don’t record a temp worker’s injury?
Failure to record is a recordkeeping violation under 29 CFR Part 1904. OSHA can issue citations to the host employer, the staffing agency, or both. Under the Temporary Worker Initiative, OSHA has actively targeted these violations, and penalties can be significant, particularly for host employers.
Should temporary workers appear on my OSHA 300A annual summary?
Yes. If you are the recording employer for those workers, their injuries and illnesses must be included in your annual summary posted from February 1 through April 30 and in any required electronic submissions.