Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 17, 1995

Stuart Flatow
Occupational Health Specialist
American Trucking Associations
2200 Mill Road
Alexandria, Virginia 22314-4677

Dear Mr. Flatow:

Thank you for your letter dated September 14, requesting guidance for reporting work related fatalities and catastrophes which occur during over-the-road operations.

All employers are required to report accidents resulting in one or more fatalities or the in-patient hospitalization of three or more employees by Title 29 of the Code of Federal Regulations Part 1904.8 of the recordkeeping requirements (enclosed). The reporting and recording requirements of the Department of Transportation do not exempt the employer from complying with the OSHA fatality/catastrophe reporting and injury and illness recording requirements (see page 8, Q&A F-1 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses, enclosed).

Please also be aware that small employers (with 10 or fewer employees in the previous calendar year) and employers in low-hazard industries who are normally exempt from the recordkeeping requirements must still comply with the fatality/catastrophe reporting requirements.

I hope you find this information useful. If you have any other questions, please contact us at Area Code (202) 219-6463. Please note the addendum in the enclosed Bluebook, and that copies are available for sale from the Government Printing Office.

Sincerely,



Bob Whitmore
Chief
Division of Recordkeeping Requirements