| The Home page of ILPI's Safety Data Sheet (SDS) Resource, the leader in SDS information since 1995! | |
| The history and philosophy behind this resource. | |
| A curated collection of books and reference materials concerning Safety Data Sheets and closely related topics. | |
| Paste your plain text SDS into the SDS-Demystifier, and it will be converted into a hypertext-enriched document with links to detailed explanations of each key term. | |
| An extensive list of frequently asked questions about Safety Data Sheets including regulations, content, compliance, and more. | |
| A humorous take on Safety Data Sheet jargon. Fill in the blanks on our entry form to generate a personalized Unsafety Data Sheet to share with your coworkers. | |
| Since 1995, we've maintained this massive curated list of the best places to find Safety Data Sheets on the Internet. | |
| Way more than a glossary, this hypertext-enhanced resource covers hundreds of SDS-related terms and expert knowledge. Each entry includes both the SDS relevance and links to additional authoritative resources. | |
| Archived results of Safety Data Sheet related polls taken by some of our millions of site visitors | |
| You are here! The OSHA regulations behind SDS regulations, including the inspection guidelines and over 400 official interpretations letters under the Hazard Communication Standard | |
| Commercial suppliers of SDS authoring and management software as well as cloud compliance services. | |
| Commercial companies that will create SDS's for your specific needs as well as SDS translation companies. |
Safety signs, banners, and scoreboards? Get yours at Safety Emporium!
OSHA Hazard Communication Letters of Interpretation
Decision or policy statement regarding the obligations and responsibilities of the employee leasing industry with respect to compliance with the Occupational Safety and Health Act.
- Issued
- Record type
- Interpretation
- Historical HazCom standard
- HCS 1987 expanded rule (PDF)
- Current HazCom standard
- HCS 2024, as amended
ILPI assessment: Contracts do not remove actual HazCom responsibilities
Its HazCom principle remains useful: an employee-leasing contract does not by itself decide which employer has satisfied workplace safety duties. Assess the actual employment arrangement and control over hazards. This letter addresses the obsolete 1987 HCS and broader joint-employer enforcement issues.
Under the current HCS, ensure effective information and training, ready SDS access, and multi-employer coordination where applicable. General instruction from a staffing firm does not replace site-specific hazard information from the workplace controlling those chemicals. See OSHA's temporary-worker resource for current coordination guidance; this assessment does not decide liability for a particular contract.
OSHA source notice: [Corrected 10/22/2004]
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
August 15, 1991
Mr. Mel Klinghoffer
Chairman of the Board
Payroll Transfers, Incorporated
3710 Corporex Park Drive, Suite 300
Tampa, Florida 33619
Dear Mr. Klinghoffer:
This is response to the enclosed letter from Ms. Laura E. Green, a former employee of Payroll Transfers Inc., dated June 13. Ms. Linda Inkpen in your Customer Service Department requested that this response be directed to you.
Ms. Green requested a decision or policy statement regarding the obligations and responsibilities of the employee leasing industry with respect to compliance with the Occupational Safety and Health Act. Specifically, she asked that a clear cut determination of which joint employer is responsible for implementing Occupational Safety and Health Administration (OSHA) regulations in the workplace and if a violation were to be found, which of the employers would receive citations and proposed penalties.
Unfortunately, the contracts between employers for temporary help employees and permanent leased employees do not always define which employer is responsible for the safety and health of the employee. Whenever OSHA encounters this situation, the compliance safety and health officer evaluates the relationship between employees and employers on a case by case basis and assigns responsibility based on his findings. There are numerous factors that enter into that evaluation.
[ILPI note: Original HCS 1987 context (PDF) · Current HCS. For HazCom, apply effective information and training, ready SDS access, and multi-employer coordination to the actual workplace and employment roles. A private allocation of work does not itself establish that the required protection was provided.]
Get your OSHA record keeping materials from Safety Emporium.
The primary determination of responsibility for occupational safety and health purposes is which employer directly supervises the employee's day-to-day work activities and thereby directs the details, means, methods, and processes by which the employee reaches the work objective. The enclosed booklet, Recordkeeping Guidelines for Occupational Inquiries and Illness describes on page 24 types of decisions that an employer needs to make with respect to recordkeeping, when more than one employer is involved.
[This document was edited on 10/22/2004 to strike information that no longer reflects current OSHA policy. Please see the revised Injury and Illness Recordkeeping Standard, 1904, and the associated OSHA Instruction CPL 02-00-131 Recordkeeping Policies and Procedures Manual (RKM) on OSHA's Recordkeeping Page.]
Other determinants are found in OSHA's Multi-employer Worksite Policy (copy enclosed) that may affect the employer/employee relationship. The question of which employer issues the paycheck is rarely the sole factor in making the determination of which employer is responsible.
We hope this satisfactorily responds to the questions raised by your former employee. Thank you for your interest in ensuring a safe and healthful workplace for your leased employees.
Sincerely,
Gerard F. Scannell
Assistant Secretary
[Corrected 10/22/2004]
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1991-08-15.