Record an OSHA report for a work-related death, hospitalization, amputation, or loss of an eye

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the incident notes, list whether the file describes a death, an in-patient hospitalization, an amputation, or a loss of an eye, the time the business became aware, and whether the file says a report has been made and by which of the three opened methods. Do not make the report.

What the lawyer must review

29 C.F.R. § 1904.39(a) requires a report to OSHA within eight hours after the death of any employee as a result of a work-related incident, and within twenty-four hours after the in-patient hospitalization of one or more employees, or an employee's amputation, or an employee's loss of an eye, as a result of a work-related incident. The report is made by telephone or in person to the OSHA Area Office nearest the site, by telephone to 1-800-321-OSHA (1-800-321-6742), or by the reporting application on www.osha.gov. If the Area Office is closed, a message, a fax, or an email does not satisfy the rule. The report uses the 800 number or the application on www.osha.gov. The report gives the establishment name, the location of the incident, the time, the type of reportable event, the number of employees, their names, a contact person and phone number, and a brief description. A fatality is reported only if it occurs within thirty days of the work-related incident. An in-patient hospitalization, amputation, or loss of an eye is reported only if it occurs within twenty-four hours of the work-related incident. If the employer does not learn of the event at the time, the eight-hour and twenty-four-hour periods run from when the event is reported to the employer or to any of the employer's agents. A motor-vehicle accident in a construction work zone is reported. One on a public street or highway, and not in a construction work zone, is not reported to OSHA under this section. An event on a commercial or public transportation system, such as an airplane, train, subway, or bus, is not reported to OSHA under this section. A work-related fatality or in-patient hospitalization caused by a heart attack is reported, and the Area Office director decides whether to investigate. Where the section says the event is not reported, it still says the event must be recorded on the OSHA injury and illness records if the employer is required to keep those records. 29 C.F.R. § 1926.20(b) is a separate duty to maintain accident-prevention programs and competent-person inspections. It does not set the eight-hour or twenty-four-hour report. You decide that the incident is reportable and you make the report. The tool records what the notes already say.

Written for / version

United States versionUS