OSHA Instruction STP 2-1.173 June 7, 1994 Office of State Programs

Subject: Final Rule on Reporting of Fatality or Multiple Hospitalization Incidents

A. Purpose. This instruction describes a Federal Program Change to the Regions and State designees.

B. Scope. This instruction applies OSHA-wide.

C. References.

1. 29 CFR 1904.8, Reporting of Fatality or Multiple Hospitalization Incidents.

2. 29 CFR 1902.3(k), Employer Records and Reports.

3. 29 CFR 1952.4, Recordkeeping and Reporting Requirements.

D. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that a copy of this instruction is promptly forwarded to each State designee, using a format consistent with the Plan Change Two-way Memorandum in Appendix P, OSHA Instruction STP 2.22A, Ch-2.

2. Provide a copy of the Federal Register notice to the State designee upon request.

3. Explain the technical content of the Federal Register notice at 59 FR 15594, Reporting of Fatality or Multiple Hospitalization Incidents.

4. Inform each State designee that in order to be considered at least as effective as the Federal program, States must adopt reporting requirements for fatalities and multiple hospitalization incidents which are at least as stringent as the new Federal provisions at 29 CFR 1904.8 as published on April 1, 1994. OSHA Instruction STP 2-1.173

5. Inform States that calls from plan States to the Federal OSHA toll-free central telephone number will be directed through the OSHA Area Offices to the appropriate States. Therefore, States may include in their regulations a provision allowing callers reporting fatalities or multiple hospitalization incidents to use the Federal toll-free central number, 1-800-321-OSHA.

6. Inform States that those States which must enact statutory changes in order to adopt the revised reporting requirements will be allowed one legislative session to effect the revised requirements, but the changes must be in place no later than December 31, 1996.

7. Encourage States to promote compliance with the revised Federal reporting requirements prior to State adoption, especially where adoption will be delayed because of the necessity for legislative changes.

8. Inform States that if statutory changes are not required to adopt the revised reporting requirements, the changes must be made within six months of the date of Federal publication (i.e., by October 1, 1994).

9. Inform States that they must submit a plan supplement to the Regional Administrator within 30 days of State promulgation of the revised requirements.

10. Ensure that State designees are asked to acknowledge receipt of this Federal program change in writing to the Regional Administrator as soon as the State's intention is known, but not later than 70 calendar days after the date of issuance (10 days for mailing and 60 days for response). This acknowledgment should include (a) the State's plan to adopt and implement an identical change, including whether legislative changes are necessary and when they will be accomplished; (b) the State's plan to develop an alternative change, which is as effective, or (c) reasons why no change is necessary to maintain a program which is at least as effective as the Federal program. The acknowledgement should also include an indication of whether and how the State is encouraging interim compliance with the new Federal rule.

E. Background.

1. The previous regulation at 29 CFR 1904.8 required the reporting of any accident which resulted in a fatality or in the hospitalization of five or more employees, within 48 hours after the occurrence. The final rule published on April 1, 1994 amends 29 CFR 1904.8 to require reporting of work related incidents resulting in the death of an employee or the hospitalization of three or more employees within eight hours after the employer learns of the incident. In addition, whether or not an incident is immediately reportable, if it results in the death of an employee or the in-patient hospitalization of three or more employees within 30 days of the incident, the employer must report the fatality or multiple hospitalization within eight hours of learning of it.

2. OSHA regulations at 29 CFR 1902.3(k) require that States operating approved occupational safety and health plans ensure that employers will maintain records and make reports to the Assistant Secretary in the same manner and to the same extent as if the plan were not in effect. 29 CFR 1952.4 requires that States must adopt recordkeeping and reporting regulations which are substantially identical to 29 CFR Part 1904. However, this section further provides that States are not precluded from imposing stricter recordkeeping and reporting requirements in certain circumstances. OSHA has allowed States to vary from the "substantially identical" requirement as it relates to fatality and multiple hospitalization reporting as long as the State requirements are at least as effective as the Federal.

3. Some States have adopted more stringent reporting requirements than those in the earlier version of 29 CFR 1904.8. If those States' requirements remain as stringent as the new Federal requirements, no change in the State regulation will be necessary.

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National and Regional Offices State Designees Monitoring Area Offices OSHA Training Institute