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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 your company or organization’s payroll and,
  • The affected person is self-employed.

Under the OSH Act Section 3 (6), the term "employee" covers those who are "employed in a business of his employer which affects commerce." Anyone who is self-employed is NOT considered to be an employee under the OSH Act. Therefore, OSHA Recordkeeping rules do NOT apply to those who are self-employed.

elaws / OSHA Recordkeeping Advisor / OSHA Web Site