OSHA FAQs: Reporting Serious Injuries
| The Occupational Safety and Health Administration (OSHA) requires covered employers to report and record occupational injuries and illnesses. Specifically, employers are required to report serious injuries to OSHA as follows: Employee fatalities must be reported within eight hours Inpatient hospitalization, amputation or loss of an eye must be reported within 24 hours Employers must report these injuries: · By telephone to the OSHA Area Office nearest to the site of the work-related incident. Information about OSHA Area Offices. · By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321-6742). · Electronically, using the event reporting application that will be located on OSHA’s public website. Affected Employers Who is required to report? All employers under OSHA jurisdiction must report these incidents to OSHA, even employers who are exempt from routinely keeping OSHA records due to company size or industry. Who should report a fatality or inpatient hospitalization of a temporary worker? Similar to the requirements in section 1904.31 for recording injuries and illnesses, the employer that provides the day-to-day supervision of the worker must report to OSHA any work-related incident resulting in a fatality, inpatient hospitalization, amputation or loss of an eye. Under what circumstances am I not required to report an incident? Employers do not have to report an event if it: Resulted from a motor vehicle accident on a public street or highway (except in a construction work zone); Occurred on a commercial or public transportation system, such as airplane or bus; Involved hospitalization for diagnostic testing or observation only. What if I am in a state not covered by federal OSHA? Many states operate their own occupational safety and health programs for private sector and/or state and local government workers. Reporting requirements may vary by state, although all states must have or be in the process of developing requirements that are at least as effective as OSHA’s. Refer to the status of reporting requirements in these states. For more information, visit the Office of State Programs’ webpage. I don’t have to keep OSHA records because my company has fewer than 11 employees. Do I still have to report these events? Yes, all employers under OSHA jurisdiction must report fatalities, inpatient hospitalizations, amputations, and losses of an eye to OSHA, even if they are exempt from routinely keeping OSHA records. I don’t have to keep OSHA records because my establishment’s industry classification is included in Appendix A to Subpart B of Part 1904. Do I still have to report these events? Yes, all employers under OSHA jurisdiction must report fatalities, inpatient hospitalizations, amputations, and losses of an eye to OSHA, even if they are exempt from routinely keeping OSHA records. Reporting Timeline If the Area Office is closed, may I report the fatality, inpatient hospitalization, amputation, or loss of an eye by leaving a message on OSHA’s answering machine, faxing the Area Office, or sending an e-mail? No, if the Area Office is closed, you must report the fatality, inpatient hospitalization, amputation, or loss of an eye using either the 800 number (1-800-321-OSHA or 1-800-321-6742) or the reporting application located on OSHA’s public website. What if the fatality, inpatient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? If a fatality occurs within 30 days of the work-related incident, or if an inpatient hospitalization, amputation, or loss of an eye occurs within 24 hours of the work-related incident, then you must report the event to OSHA. If the fatality occurs after more than 30 days of the work-related incident, or if the inpatient hospitalization, amputation, or loss of an eye occurs after more than 24 hours after the work-related incident, then you do not have to report the event to OSHA. However, you must record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records. What if I don’t learn about a reportable fatality, inpatient hospitalization, amputation, or loss of an eye right away? Or what if I cannot determine that it was work-related right away? You must report to OSHA within the following time period after the fatality, inpatient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s) and you determine that it is work-related: 8 hours for a fatality, and 24 hours for an inpatient hospitalization, an amputation, or a loss of an eye. Inpatient Hospitalizations How does OSHA define inpatient hospitalization? OSHA defines inpatient hospitalization as a formal admission to the inpatient service of a hospital or clinic for care or treatment. Treatment in an Emergency Room only is not reportable. If an injured worker is formally admitted to the Emergency Room of a hospital, is this a reportable event? No, the injured worker must be formally admitted to the inpatient service of the hospital to be a reportable event. If an employee is admitted to the hospital for Carpal Tunnel surgery, is this reportable? To be reportable, the inpatient hospitalization must occur within 24 hours of the work-related incident that injured or made the employee ill. Scheduled surgeries that occur beyond this 24 hour period are not reportable to OSHA. Who determines whether an employee was formally admitted to the inpatient service of a hospital or clinic for care or treatment? The hospital or clinic makes the determination. Who should report a fatality or inpatient hospitalization of a temporary worker? Similar to the requirements in section 1904.31 for recording injuries and illnesses, the employer that provides the day-to-day supervision of the worker must report to OSHA any work-related incident resulting in a fatality, inpatient hospitalization, amputation or loss of an eye. If my employee spent the night at the hospital, do I have to report an inpatient hospitalization? OSHA defines inpatient hospitalization as a formal admission to the inpatient service of a hospital or clinic for care or treatment. An overnight stay does not determine whether the case is reportable or not. If an employee is hospitalized as an inpatient and the only care or treatment provided is from OSHA’s “first aid list” (for example if the only treatment is non-prescription medication), does the event become reportable? Yes. A work-related inpatient hospitalization involving any treatment needs to be reported to OSHA. The reporting requirement in the regulatory text of section 1904.39 does not limit care or treatment to “medical treatment beyond first aid.” Do I have to report an inpatient hospitalization that involves only observation or diagnostic testing? No, you do not have to report an inpatient hospitalization that involves only observation or diagnostic testing. You must only report each inpatient hospitalization that involves care or treatment. In employee is seriously injured and is admitted to the hospital. The company reports the inpatient hospitalization to OSHA within 24 hours of learning about it, in accordance with section 1904.39(a)(2). While hospitalized, the employee undergoes surgery. Five days after the surgery, the employee passes away due to this work-related injury. Based upon this scenario, is the company required to make a “second report” of the initial injury that resulted in the fatality? If the inpatient hospitalization results in a fatality, the employer does not need to report the second event as long as the employer initially reported the inpatient hospitalization with the 24-hour period. It is not OSHA’s intention that related events, each of which are reportable, be reported twice. Finally, even though employers do not have to report the second event, they still need to record the most serious outcome for each case on their OSHA injury and illness records, if they are required to keep such records. Amputations How does OSHA define amputation? An amputation is the traumatic loss of all or part of a limb or other external body part. Amputations include: · A part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially) · Fingertip amputations with or without bone loss · Medical amputations resulting from irreparable damage · Amputations of body parts that have since been reattached Amputations do not include: · Avulsions (tissue torn away from the body) · Enucleations (removal of the eyeball) · Deglovings (skin torn away from the underlying tissue) · Scalpings (removal of the scalp) · Severed ears · Broken or chipped teeth If and when there is a health care professional’s diagnosis available, the employer should rely on that diagnosis. How do you differentiate between an amputation without bone and avulsions? If and when there is a health care professional’s diagnosis available, the employer should rely on that diagnosis. If the diagnosis is avulsion, the event does not need to be reported. If the diagnosis is amputation, the event must be reported. If there is no available diagnosis by a health care professional, the employer should rely on the definition and examples of amputation included in the regulatory text of section 1904.39. Examples of avulsion that do not need to be reported include deglovings, scalpings, fingernail and toenail avulsions, eyelid avulsions, tooth avulsions, and severed ears. Remember, employers are required to report amputations to OSHA when they learn that the reportable event occurred. The employer must report the event when he or she has information that the injury is a work-related amputation. An employee’s arm is severely injured at work, and the employee is admitted to the hospital. The company reports the inpatient hospitalization to OSHA within 24 hours of learning about it, in accordance with section 1904.39(a)(2). While hospitalized, the employee’s arm is amputated due to the work-related injury. The amputation occurs within 24 hours of the work-related injury. Based upon this scenario, is the company is required to make a “second report” of the initial injury that resulted in an amputation? It is not OSHA’s intention that related events, each of which are reportable, be reported twice. If the inpatient hospitalization results in an amputation, the employer does not need to report the second event as long as the employer initially reported the inpatient hospitalization with the 24-hour period. Finally, even though employers do not have to report the second event, they still need to record the most serious outcome for each case on their OSHA injury and illness records, if they are required to keep such records. Loss of an Eye What is meant by the loss of an eye? Loss of an eye is the physical removal of the eye. This includes enucleation and evisceration. Does loss of an eye include loss of sight? No. Loss of sight without the physical removal of the eye is not reportable under the requirements of section 1904.39. However, a case involving loss of sight that results in the inpatient hospitalization of the worker within 24 hours of the work-related incident is reportable. Other Reporting Criteria What information do I need to report? For any fatality that occurs within 30 days of a work-related incident, employers must report the event within 8 hours of finding out about it. For any inpatient hospitalization, amputation, or eye loss that occurs within 24 hours of a work-related incident, employers must report the event within 24 hours of learning about it. Employers reporting a fatality, inpatient hospitalization, amputation or loss of an eye to OSHA must report the following information: · Establishment name · Location of the work-related incident · Time of the work-related incident · Type of reportable event (i.e., fatality, inpatient hospitalization, amputation or loss of an eye) · Number of employees who suffered the event · Names of the employees who suffered the event · Contact person and his or her phone number · Brief description of the work-related incident Employers do not have to report an event if it: · Resulted from a motor vehicle accident on a public street or highway, except in a construction work zone; employers must report the event if it happened in a construction work zone. · Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, street car, light rail, train). · Occurred more than 30 days after the work-related incident in the case of a fatality or more than 24 hours after the work-related incident in the case of an inpatient hospitalization, amputation, or loss of an eye. Employers do not have to report an inpatient hospitalization if it was for diagnostic testing or observation only. An inpatient hospitalization is defined as a formal admission to the inpatient service of a hospital or clinic for care or treatment. Employers do have to report an inpatient hospitalization due to a heart attack, if the heart attack resulted from a work-related incident. Do I have to report the fatality, inpatient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? If the motor vehicle accident occurred in a construction work zone, then you must report the fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, then you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA. However, you must record the event on your OSHA injury and illness records if you are required to keep OSHA injury and illness records. Do I have to report the fatality, inpatient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? No, you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, you must record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records. Do I have to report a fatality or inpatient hospitalization caused by a heart attack? If the heart attack is related to a work-related incident, you must report the fatality or inpatient hospitalization. Your local OSHA Area Office director will decide whether or not to investigate the incident. Source: Occupational Safety and Health Administration LINKS AND RESOURCES · OSHA recording and reporting website · OSHA Serious Event Reporting Online Form · OSHA reporting final rule · OSHA electronic reporting final rule · Serious injury reporting requirements FAQs |
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