By Scott Coghlan*
As of January 1, 2015, employers must report to OSHA all work-related fatalities, in-patient hospitalizations and amputations, including the loss of an eye. Previously, employers were only required to report work-related fatalities and the hospitalization of three or more employees resulting from a single incident.
Under the new regulation, 29 C.F.R. 1904.39, employers must report to OSHA any work-related fatality within 8 hours of the death. This requirement applies to any fatality occurring within 30 days of the work-related incident attributed to the death.
Each in-patient hospitalization resulting from a work-related incident must be reported within 24 hours of the hospitalization. This requirement applies to all in-patient hospitalizations occurring within 24 hours of the precipitating work-related incident. “In-patient hospitalization” is defined as the formal admission to the in-patient service of a hospital or clinic for care or treatment. Excluded from the definition is hospitalization for observation and/or diagnostic testing.
Similarly, any amputation, including the loss of an eye, resulting from a work-related incident must be reported within 24 hours of the amputation. All amputations and eye losses must be reported if they occur within 24 hours of the work-related incident. “Amputation” is defined as the traumatic loss of a limb or other external body part that has been severed, cut off or amputated (completely or partially). Fingertip amputations without bone loss, medical amputations made necessary due to irreparable damage and amputations that have since been reattached are included as reportable. Conversely, avulsions (forcible tearing away of a body part by trauma or surgery), enucleations (removal of the eye), deglovings (peeling away of soft tissue to expose bone), severed ears or broken/chipped teeth are excluded from the definition.
Employers can report the above matters to OSHA in three ways: (1) in person to the OSHA Area Office nearest to the site of the accident; (2) by telephone to the OSHA Area Office nearest to the site of the accident or the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742); or (3) by electronic submission using the fatality/injury/illness reporting application located at www.osha.gov.
*Scott Coghlan practices Workers’ Compensation Law. He has extensive experience counseling employers as to workplace safety and related issues. For more information about OSHA’s new reporting requirements or workers’ compensation law, please contact: Scott Coghlan | sc@zrlaw.com | 216.696.4441
