[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1904.39]

[Page 61-62]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
Part 1904_Recording and Reporting Occupational Injuries and Illnesses
--Table of Contents
 
  Subpart E_Reporting Fatality, Injury and Illness Information to the 
                               Government
 
Sec. 1904.39  Reporting fatalities and multiple hospitalization incidents 
to OSHA.


    (a) Basic requirement. Within eight (8) hours after the death of any 
employee from a work-related incident or the in-patient hospitalization 
of three or more employees as a result of a work-related incident, you 
must orally report the fatality/multiple hospitalization by telephone or 
in person to the Area Office of the Occupational Safety and Health 
Administration (OSHA), U.S. Department of Labor, that is nearest to the 
site of the incident. You may also use the OSHA toll-free central 
telephone number, 1-800-321-OSHA (1-800-321-6742).
    (b) Implementation. (1) If the Area Office is closed, may I report 
the incident by leaving a message on OSHA's answering machine, faxing 
the area office, or sending an e-mail? No, if you can't talk to a person 
at the Area Office, you must report the fatality or multiple 
hospitalization incident using the 800 number.
    (2) What information do I need to give to OSHA about the incident? 
You must give OSHA the following information for each fatality or 
multiple hospitalization incident:
    (i) The establishment name;

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    (ii) The location of the incident;
    (iii) The time of the incident;
    (iv) The number of fatalities or hospitalized employees;
    (v) The names of any injured employees;
    (vi) Your contact person and his or her phone number; and
    (vii) A brief description of the incident.
    (3) Do I have to report every fatality or multiple hospitalization 
incident resulting from a motor vehicle accident? No, you do not have to 
report all of these incidents. If the motor vehicle accident occurs on a 
public street or highway, and does not occur in a construction work 
zone, you do not have to report the incident to OSHA. However, these 
injuries must be recorded on your OSHA injury and illness records, if 
you are required to keep such records.
    (4) Do I have to report a fatality or multiple hospitalization 
incident that occurs on a commercial or public transportation system? 
No, you do not have to call OSHA to report a fatality or multiple 
hospitalization incident if it involves a commercial airplane, train, 
subway or bus accident. However, these injuries must be recorded on your 
OSHA injury and illness records, if you are required to keep such 
records.
    (5) Do I have to report a fatality caused by a heart attack at work? 
Yes, your local OSHA Area Office director will decide whether to 
investigate the incident, depending on the circumstances of the heart 
attack.
    (6) Do I have to report a fatality or hospitalization that occurs 
long after the incident? No, you must only report each fatality or 
multiple hospitalization incident that occurs within thirty (30) days of 
an incident.
    (7) What if I don't learn about an incident right away? If you do 
not learn of a reportable incident at the time it occurs and the 
incident would otherwise be reportable under paragraphs (a) and (b) of 
this section, you must make the report within eight (8) hours of the 
time the incident is reported to you or to any of your agent(s) or 
employee(s).