A subcontractor working on your project reports a worker injury that requires emergency room treatment. Who is responsible for OSHA recordkeeping?
Correct Answer
D) The subcontractor only
Generally, the employer of the injured worker (the subcontractor) is responsible for OSHA recordkeeping. However, the general contractor should ensure all subcontractors maintain proper records and may have reporting obligations to the owner.
Why This Is the Correct Answer
Under OSHA regulations, the employer of the injured worker is responsible for maintaining injury and illness records. Since the subcontractor directly employs the injured worker, they have the primary obligation for OSHA recordkeeping, including completing Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report). The subcontractor must record the incident within seven calendar days and maintain these records for five years.
Why the Other Options Are Wrong
Option B: The property owner
The general contractor is not solely responsible for OSHA recordkeeping when a subcontractor's employee is injured. While the GC has overall site safety responsibilities and coordination duties, the actual employer (subcontractor) maintains the injury records for their own employees.
Option C: Both the general contractor and subcontractor
OSHA recordkeeping responsibility lies primarily with the direct employer of the injured worker. While both parties have safety obligations on the jobsite, the specific requirement to maintain injury and illness records falls to the subcontractor as the employer, not both parties equally.
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