The Occupational Safety and Health Administration (“OSHA”) recently expanded the type of injuries employers must report to OSHA. Under the previous reporting rules, employers had to report: 1) Work-related fatalities and 2) Work-related hospitalizations of 3 or more employees. As of January 1, 2015, employers must report: 1) Work-related fatalities; 2) Work- related inpatient hospitalizations of 1 or more employees; 3) Work-related amputations; and 4) Work-related eye losses.
Importantly, the new reporting requirements apply to employers who may not be subject to OSHA’s record-keeping requirements because of industry or number of employees. OSHA has also clarified what constitutes an “amputation” under the new reporting requirements. OSHA considers an “amputation” any complete or partial severance of an external limb or appendage, including fingertip amputations with or without bone loss.
Under the new reporting rules, employers are still required to report fatalities within 8 hours of discovery. However, the new reporting rules require employers to report any work- related inpatient hospitalization, amputation, or loss of an eye within 24 hours of discovery. To be reportable, the inpatient hospitalization, amputation, or loss of an eye must occur within 24 hours of the work-related incident.
Notably, inpatient hospitalizations for diagnosis or observation are not reportable. Inpatient hospitalizations for treatment are reportable under the new reporting requirements.
The new reporting requirements are contained in 29 C.F.R. 1904. For more information please visit www.osha.gov/recordkeeping2014 or contact Clayton Franklin.
Attorney Clayton Franklin practices in the areas of OSHA compliance and investigations. The information contained in this article is for informational purposes only and should not be considered legal advice.