Self-Employed Workers and OSHA Recordkeeping
Self-employed people are not covered by the OSH Act or Part 1904, so a genuinely self-employed contractor's injury does not go on your log.
Quick answer
Self-employed people are not covered by the OSH Act or Part 1904, so a genuinely self-employed contractor's injury does not go on your log. A 1099 label is not the test: if you supervise the person day to day like an employee, analyze the relationship before deciding.
Self-employed arrangements can blur when the host directs daily work.
The rule in plain English
You record the injuries and illnesses of everyone on your payroll: labor, executive, hourly, salaried, part-time, seasonal, and migrant workers (29 CFR 1904.31). You also record cases for workers who are not on your payroll if you supervise them day to day, such as temporary or leased workers; if a contractor supervises its own people day to day, the contractor records. Each case is recorded once, by the employer that provides day-to-day supervision. Self-employed people are not covered, and owners or partners of a sole proprietorship or partnership are not employees for recordkeeping purposes.
What this looks like in practice
Start with employee status and day-to-day supervision before deciding who records. Cases slip through when the host site and the staffing agency each assume the other will log them, and get counted twice when both do. The fix is to decide supervision at the start of each engagement, put it in writing, and agree how incident details reach the employer that records.
Contractor managers should put supervision and recordkeeping responsibilities in writing at the start of each engagement.
The mistake to avoid
Teams treat a 1099 label as the whole answer.
Whoever records the case also counts it in their 300A totals and rates, and supervised workers' hours belong in that employer's hours worked.
Edge cases worth checking
- Actual supervision can matter more than contract wording in some staffing situations.
- Supervised temporary workers belong in the host's hours worked as well as its log, which affects the rates.
Example
An independent electrician with their own business, tools, and customers is hurt at your site: not recorded by you. A “1099 contractor” who works only for you, on your schedule, under your supervisor's daily direction, needs a closer look before you conclude the case is not yours.
Step by step
- Review the contract facts.
- Check who supervises and controls the work.
- Decide who, if anyone, records.
- Document the basis.
What to keep in the case file:
- Who directs the worker's tasks, schedule, and methods each day
- The staffing or contractor agreement and what it says about recordkeeping
- Notes from coordination with the other employer about who records the case
- Whether the worker's hours are included in your hours-worked total
Where 300log helps
300log records each case against an establishment, so once you have decided that a supervised temp or leased worker's case belongs on your log, it lands on the right establishment's log and in its 300A totals.
For a quick answer without an account, use the free ITA coverage checker.
Frequently asked questions
Do we record injuries to self-employed contractors?
No. Self-employed individuals are not covered by the OSH Act or Part 1904.
Who records a temporary worker's injury?
The employer that supervises the worker day to day, usually the host. Only one employer records the case.
Do owners go on the OSHA log?
Owners and partners of a sole proprietorship or partnership are not employees for recordkeeping. Corporate officers who are employees are covered.
Are volunteers covered?
Part 1904 covers employees. A true volunteer who receives no compensation is generally not an employee, but stipends and employer control can change that, so document the relationship.
Sources
Primary regulation and agency guidance this article relies on.
- [1]29 CFR 1904.31: Covered employeesOccupational Safety and Health Administration · osha.gov(opens in a new tab)
- [2]29 CFR 1904.30: Multiple business establishmentsOccupational Safety and Health Administration · osha.gov(opens in a new tab)
- [3]29 CFR 1904.29: OSHA Forms 300, 300A, and 301Occupational Safety and Health Administration · osha.gov(opens in a new tab)
Written and reviewed by the 300log Editorial Team. Guidance, not legal advice: confirm edge cases with OSHA or counsel.