January 8, 2021

Ms. Kathryn McMahon
Conn Maciel Carey, LLP
5335 Wisconsin Avenue, NW
Suite 660
Washington, D.C.  20015

Dear Ms. McMahon:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses.  Specifically, you ask OSHA to clarify whether two related reportable events under 29 CFR 1904.39, “Reporting fatalities, hospitalizations, amputations, and losses of an eye,” should each be cited for the purposes of OSHA recordkeeping, or whether a company may report only the initial event.

Scenario 1:
In employee is seriously injured and is admitted to the hospital.  The company reports the in-patient hospitalization to OSHA within 24 hours of learning about it, in accordance with section 1904.39(a)(2).  While hospitalized, the employee undergoes surgery.  Five days after the surgery, the employee passes away due to this work-related injury.  Based upon this scenario, is the company required to make a “second report” of the initial injury that resulted in the fatality?

Scenario 2:
An employee’s arm is severely injured at work, and the employee is admitted to the hospital.  The company reports the in-patient hospitalization to OSHA within 24 hours of learning about it, in accordance with section 1904.39(a)(2).  While hospitalized, the employee’s arm is amputated due to the work-related injury.  The amputation occurs within 24 hours of the work-related injury.  Based upon this scenario, is the company is required to make a “second report” of the initial injury that resulted in an amputation?

OSHA’s Response:
It is not OSHA’s intention that related events, each of which are reportable under section 1904.39, be reported twice.  If the in-patient hospitalization results in an amputation or a fatality, the employer does not need to report the second event as long as the employer initially reported the in-patient hospitalization within the 24-hour period.  As OSHA explained in the preamble to section 1904.39, the agency made amputations reportable because data reflect that the majority of amputations do not involve in-patient hospitalizations.  79 Fed. Reg. 56130, 56146 (Sept. 18, 2014).  However, OSHA specifically noted, “for amputations involving in-patient hospitalization, employers will only have to make a single report.” 

Finally, even though employers do not have to report the second event, they still need to record the most serious outcome for each case on their OSHA injury and illness records, if they are required to keep such records.  

We hope you find this information helpful.  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 appraised of such developments, consult OSHA’s website at http://www.osha.gov.

Sincerely,

Lee Anne Jillings, Acting Director
Directorate of Technical Support and Emergency Management