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elaws - employment laws assistance for workers and small businesses

- OSHA Recordkeeping Advisor

You indicated that:

  • The affected person is NOT on the company or organization’s payroll, and
  • The affected person is an unpaid intern or volunteer.

Under the OSH Act Section 3 (6), the term "employee" covers those who are "employed in a business of his employer which affects commerce." An uncompensated intern or volunteer is NOT considered to be an employee under the OSH Act. Therefore, OSHA Recordkeeping rules do NOT apply to unpaid interns or volunteers.

elaws / OSHA Recordkeeping Advisor / OSHA Web Site