Are You Aware?

In 1970, Congress created the Occupational Safety and Health Administration (OSHA). As part of the Occupation Safety and Health Act, OSHA’s purpose is “to assure safe and healthful working conditions” for men and women. OSHA accomplishes this goal by setting and enforcing workplace safety standards, as well as providing training, outreach, education, and assistance.

High-hazard industries are required to comply with OSHA safety standards including guidelines for reporting injuries. By collecting and analyzing data regarding workplace injuries and accidents, OSHA is able to offer public health researchers the opportunity to enhance illness and injury research, leading to better safety standards for prevention.

OSHA requires employers to report “all severe work-related injuries.”

These injuries include:

• Amputation (defined as traumatic loss of limb or external body part)
• In-patient hospitalization (defined as formal admission to the inpatient services of a hospital or clinic)
• Eye loss

OSHA also requires all job site fatalities (or fatality occurring as a result of job site injury) to be reported.

Are You Prepared?

Strict timelines govern injury, hospitalization, and fatality reporting. It is important that employers follow these guidelines in order to demonstrate compliance and aid workers in receiving benefits.

In the event of a fatality, hospitalization, or severe injury:

• OSHA Guideline 1904.39(a)(1) states: “Death must be reported within 8 hours of a work-related fatality.” The event is considered a workplace fatality if it occurs within 30 days of a workplace injury.
• OSHA Guideline 1904.39(a)(2) states: “Within twenty-four (24) 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, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.” Only hospitalizations, amputations, or eye losses that occur within 24 hours of the workrelated incident must be reported. However, employers should keep a record of all serious injuries on file.

In the instance of fatality, inpatient hospitalization, amputation or loss of eye, employers may report in one of the following ways:

• By telephone or in-person to the nearest OSHA office.
• By telephone to the OSHA toll-free central telephone number, 1-800- 321-OSHA (1-800-321-6742)
• By electronic submission using the reporting application located on OSHA’s public website at ww.osha.gov.
• If attempting to report in person or via office phone line and the local office is closed, report via the OSHA toll-free central number or online within the timeline required.

When reporting, provide the following information:

• Location
• Time
• Type of event (fatality, amputation, hospitalization, eye loss)
• Employee’s name
• Contact person
• Brief description of incident

Many circumstances affect reporting. For instance, if the accident occurs on a public highway or via public transportation, employers do not have to report the incident as a work-related injury, though a record of
the accident should be kept. However, if a vehicle accident occurs in a construction zone, for instance, it is considered necessary to report.

What Next?

It is recommended employers post guidelines for reporting. Employees should be educated on when and how to make a report to their supervisor or OSHA. The OSHA website provides Frequently Asked Questions to aid employers and employees in understanding guidelines.

For recordkeeping, OSHA offers online video sessions to enable employers and employees to understand the importance of keeping records for work-related injury and illness incidents.

In addition, employers should post the “Job Safety and Health—It’s the Law” Workers’ Rights poster. Employers can download the PDF and print themselves or order print copies online or by phone. In states with OSHA-approved stateplans, the poster may be different. This Federal Agency poster is also available in other languages, and employers with Spanish-speaking employees are strongly encouraged, though not required, to post the Spanish language poster.

Employees must be informed of their right to report free from retaliation. It is always a good idea to review reporting procedures. These should be reasonable and should not discourage employees from reporting. Accidents happen, but in working together with OSHA, employers can continue to reduce these risks.

The Berkley Industrial Comp Difference

When you have questions about OSHA or injury claims, our R.A.M.P. (Risk Assessment Management & Prevention) Team is here to help. This team of advisors, technicians, and partners is committed to helping you protect your people and assets.

As a Berkley Industrial Comp customer, you have online access to educational information helping you train and educate employees on safe working environment best practices. R.A.M.P. team members are knowledgeable regarding OSHA guidelines, as well as the numerous laws governing injury reporting. We are here to help, and our primary goal is employee safety.

Berkley Industrial Comp is pleased to share this material with its customers. Please note, however, that nothing in this document should be construed as legal advice or the provision of professional consulting services. This material is for general informational purposes only, and while reasonable care has been utilized in compiling this information, no warranty or representation is made as to accuracy or completeness.