New OSHA Reporting Requirement

The revised OSHA reporting regulation (29 C.F.R. § 1904.39) that went into effect on January 1, 2015 expands reporting requirements for covered employers. Now, when a work-related incident results in the death of any employee, then a covered employer must report the fatality to OSHA within eight hours. And when a work-related incident results in the hospitalization of one or more employees or an employee’s amputation or an employee's loss of an eye, then a covered employer must report the resulting hospitalization, amputation, or loss of an eye to OSHA within 24 hours. The reporting may be performed via telephone, in person, or by electronic submission at www.osha.gov.

Critically, pursuant to 29 C.F.R. § 1904.1, ALL employers covered by the OSH Act must comply with the foregoing reporting requirements – even those employers that would otherwise be partially exempt from keeping illness and injury records. See e.g., 29 C.F.R. § 1904.1(a)(1) (employers with ten or fewer employers at all times during the last calendar year need not keep illness and injury records). Accordingly, even if your company is otherwise exempt from OSHA’s recordkeeping requirements, make sure you satisfy your reporting obligations in the event of a reportable injury as defined in the new regulation.

Alabama attorney and professional engineer Jacob W. Hill practices construction law, representing general contractors, subcontractors, material suppliers, developers, architects, engineers, and other parties to construction and development projects. Contact Jacob Hill for more information or a consultation regarding your project.