David Burkhardt

The U.S. Department of Labor’s Occupational Safety and Health Administration today announced a revision of 29 CFR 1904.39 Injury reporting. The change requires most employers to notify OSHA when an employee is killed, or suffers an injury requiring hospitalization, an amputation, or loss of an eye on the job.
The rule change also updates the list of employers partially exempt from OSHA record-keeping requirements. These new requirements take effect on January 1, 2015 for workplaces governed by Federal OSHA. State plan states will have 6 months following this time to revise their rules to be at least as rigorous as the federal regulation.
The key elements of the rule revision are:
• Reports of amputation and eye loss have been added to reports of hospitalization, and the time requirement has been changed to 24 hours (Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or hipped teeth.)

OSHA also now allows three methods of reporting:

  • By phone or in person to nearest OSHA office (current method)
  • By toll free number to Federal OSHA hotline (to be used if the nearest office is closed)
  • By electronic submission using a fatality/injury/illness reporting application that will be located on OSHA’s website.

The reporting application will include mandatory fields for the required information. If the report does not include the required information, the reporting application will not accept the report. The mandatory fields are:

  • The establishment name
  • Where the incident occurred
  • When the incident occurred
  • The type of incident (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye)
  • The number of injured employees
  • The names of the injured employees
  • The employer’s contact name and phone number
  • A brief description of the incident

It’s important to remember that even though companies with ten (10) or fewer employees, and those considered “partially exempt”, are not required to keep OSHA injury and illness logs (300 and 301) they must still report all injuries or illnesses that meet OSHA definitions in a timely manner.

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