The Occupational Safety and Health Administration (OSHA) has long required all employers to report work-related accidents that result in three or more deaths or serious injuries (what OSHA calls "catastrophes"). On September 18 OSHA published changes to these requirements that expand employers’ reporting requirements effective January 1, 2015 (I blogged about OSHA’s proposal here).
Which Catastrophes Must Be Reported, And How Quickly?
OSHA’s revised reporting rule (29 CFR section 1904.39) requires the following:
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Report each workplace fatality within 8 hours—the previous rule required reporting only if 3 or more employees died in an accident (although some states already set the threshold at 1 death). These may or may not include heart attacks, depending on the circumstances. This requirement does not apply if death occurs after more than 30 days after the incident.
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Report each incident-related in-patient hospitalization within 24 hours—the previous rule required reporting only if 3 or more employees were hospitalized (although some states already set the threshold at 1 hospitalization). This requirement covers admissions for care or treatment, but not admissions made only for observation or diagnostic testing.
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Report each incident causing an amputation within 24 hours—the previous rule did not expressly address this. OSHA defines an amputation as “traumatic loss of a limb or other external body part.”
- These include:
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Severing, cutting off or amputating a part, such as a limb or appendage, either completely or partially.
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Fingertip amputations with or without bone loss.
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Medical amputations resulting from irreparable damage.
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Amputations of body parts that have since been reattached.
- These do not include:
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Avulsions (tearing away rather than severing).
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Enucleations (eye removal, which is covered separately).
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Deglovings (severing of a significant area of skin from the underlying tissue).
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Scalpings.
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Severed ears.
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Broken or chipped teeth.
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Report each incident causing the loss of an eye within 24 hours—the previous rule did not expressly address this.
This requirement does not apply to a motor vehicle accident on a public throughway, unless in a construction zone. Nor does it apply to an incident on a commercial or public transportation system. However, employers must still record them in their Injury and Illness (I&I) Logs.
If an employer only learns of the outcome after the fact, the report must be made within 8/24 hours after learning about the outcome, following the deadlines set forth above.
How Do Employers Make Their Reports?
Employers are to report the incident to OSHA by one of the following methods:
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By telephone to OSHA’s nearest Area Office
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If the office is closed, by one of the following methods:
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By telephone to 1-800-321-OSHA (-6742)
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Via the Internet to OSHA’s website (new option effective January 1, 2015)
What information is required?
Reports must provide the following information:
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Establishment name
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Location of the incident
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Time of the incident
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Type of reportable event (from the list above)
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Number of employees who suffered death, in-patient hospitalization, amputation, or loss of an eye
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Name(s) of employees who suffered death, in-patient hospitalization, amputation, or loss of an eye
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Employer contact person’s name and telephone number
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Brief description of the incident
These information requirements are unchanged except to reflect the expansion in types of incidents to be reported.
Self Assessment Checklist
Employers have the remainder of 2014 to prepare to comply with these new requirements.
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Does the organization have a system in place to report catastrophic incidents?
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Is it presently designed to comply with OSHA reporting standards applicable through December 31, 2014?
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Is it presently designed to comply with OSHA requirements and with more expansive state requirements (if any?)?
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Have any of the organization’s establishments experienced a catastrophic workplace incident?
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If so, did the organization meet applicable reporting requirements?
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If not, has the organization enhanced its internal and OSHA reporting procedures to ensure compliance after any future incidents?
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Has the organization established procedures to meet OSHA’s revised requirements effective January 1, 2015?
Where Can I Go For More Information?
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OSHA I&I recordkeeping webpage
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OSHA "Workplace Injury, Illness and Fatality Statistics" webpage
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BLS "Injuries, Illnesses and Fatalities webpage
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OSHA revisions in the September 18, 2014 Federal Register
Specialty Technical Publishers (STP) provides a variety of single-law and multi-law services, intended to facilitate clients’ understanding of and compliance with requirements. These include:
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 25 years. He was involved in developing 16 existing products, including Environmental Compliance: A Simplified National Guide and The Complete Guide to Environmental Law.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com.