In a recent post, we covered employers’ obligations to record certain work-related injuries and illnesses on the OSHA 300 Log and related forms. But recordkeeping is only part of the picture. The law requires employers to report some serious workplace incidents directly to OSHA. OSHA’s reporting obligations are separate and distinct from OSHA’s recordkeeping requirements.
Although the terminology is similar, there is a vast difference in obligations. Unlike routine recordkeeping, OSHA reports are not internal logs you keep on file. It is a direct report made to OSHA within a set period of time following the incident. Employers should understand the differences between their recording and reporting obligations.
Which employers have reporting requirements?
All employers under OSHA’s jurisdiction must report qualifying incidents to OSHA. This includes employers who are otherwise partially-exempt from routine OSHA recordkeeping requirements due to company size or industry.
What incidents must be reported?
OSHA reporting obligations are triggered following certain work-related events:
- In-patient hospitalizations of one or more employees
- Amputations
- Loss of an eye
- Fatalities
OSHA has specific definitions for each event. If there is any question as to whether an incident is reportable, contact legal counsel.
When do qualifying incidents need to be reported?
How fast you must report to OSHA depends on the incident:
- Fatalities must be reported within 8 hours following the death of an employee.
- Hospitalizations, amputations, and eye loss must be reported within 24 hours of the incident.
Timing is important. Generally, the clock does not start running until the employer learns about the event. Additionally, a reportable incident does not always become reportable the moment the incident occurs. For example, a fatality must be reported only if it occurs within 30 days of the work-related incident. However, a hospitalization, amputation, or loss of an eye must be reported only if it occurs within 24 hours of the incident.
How does an employer make a report?
Employers can make a report by using any of the following methods:
- Call your nearest OSHA Office
- Note: If your local OSHA Area Office is closed, leaving a voicemail or sending a fax or email does not satisfy your reporting obligation. You must use one of the other methods.
- Call the OSHA 24-hour hotline at 1-800-321-6742 (OSHA)
- Make a report online
When making a report, be prepared to provide OSHA with the name of the business, name(s) of the affected employee(s), location and time of the incident, a brief description of the incident, and the name and number of the business’s contact person.
Are there differences for employers in states with an OSHA-approved State Plan?
States that have an OSHA-approved State Plan may also have requirements that are more stringent than or supplemental to the federal rules. This means reporting obligations can vary from state to state. Common differences include the method of reporting, shorter deadlines, and additional reportable events. Contact your legal counsel if you have questions about your state’s requirements.
Key Takeaways
- Confirm your specific reporting procedures, deadlines, and contact information, especially if you are a multi-state employer who is subject to several sets of rules. Keep this information accessible.
- Designate the individual who will serve as the primary contact with OSHA throughout the reporting process and potential investigation process.
- Establish protocols for workplace incidents so supervisors know exactly what information to gather and who to call, including for incidents that occur after hours.
- Prepare for OSHA to arrive and conduct an on-site investigation in the hours or days following the report being made.
It is best practice to review your OSHA reporting procedures before an incident happens. Preparedness can make all the difference when operating under tight reporting timelines. Bricker Graydon Wyatt is here to help you navigate your OSHA obligations and review your reporting protocol.
