Reporting Fatality, Injury And Illness Information

(1) Reporting fatalities and multiple hospitalization incidents to TOSHA. (a) Basic requirement. 1. Within eight (8) hours after the death of any employee as a result of a work- related incident, you must report the fatality to the TOSHA Division of the Tennessee Department of Labor and Workforce Development. 2. Within twenty-four (24) hours after the in-patient hospitalization of one or more employees, an employee’s amputation, or an employee’s loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to TOSHA. 3. You must report the fatality, in-patient hospitalization, amputation, or loss of an eye using one of the following methods: (i) By telephone or in person to the TOSHA Area Office that is nearest to the site of the incident. (ii) By telephone to the TOSHA toll-free central telephone number, 1-800-249- 8510. (iii) By electronic submission using the reporting application located on OSHA’s public website at www.osha.gov. (b) Implementation. 1. If the Area Office is closed, may I report the fatality, in-patient hospitalization, amputation, or loss of an eye by leaving a message on TOSHA’s answering machine, faxing the Area Office, or sending an e-mail? No, if the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either the 800 number or the reporting application located on OSHA’s public website at www.osha.gov. 2. What information do I need to give to TOSHA about the in-patient hospitalization, amputation, or loss of an eye? You must give TOSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye: (i) The establishment name; (ii) The location of the work-related incident; (iii) The time of the work-related incident; (iv) The type of reportable event (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye); OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING (v) The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye; (vi) The names of the employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye; (vii) Your contact person and his or her phone number; and (viii) A brief description of the work-related incident. 3. Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? If the motor vehicle accident occurred in a construction work zone, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to TOSHA. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records. 4. Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? No, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to TOSHA if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, the fatality, in-patient hospitalization, amputation, or loss of an eye 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 work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local TOSHA Area Office supervisor will decide whether to investigate the event, depending on the circumstances of the heart attack. 6. What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? You must only report a fatality to TOSHA if the fatality occurs within thirty (30) days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to TOSHA if it occurs within twenty-four (24) hours of the work-related incident. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records. 7. What if I don’t learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away? If you do not learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes place, you must make the report to TOSHA within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s): eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye. 8. What if I don’t learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident? If you do not learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to TOSHA within the following time period OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING after you or any of your agent(s) learn that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident: eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye. 9. How does TOSHA define “in-patient hospitalization”? TOSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment. 10. Do I have to report an in-patient hospitalization that involves only observation or diagnostic testing? No, you do not have to report an in-patient hospitalization that involves only observation or diagnostic testing. You must only report to TOSHA each in-patient hospitalization that involves care or treatment. 11. How does TOSHA define “amputation”? An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth. (2) Providing records to government representatives. (a) Basic requirement. When an authorized government representative asks for the records you keep under this rule, you must provide copies of the records within four (4) business hours. (b) Implementation. 1. What government representatives have the right to get copies of my injury and illness records? The government representatives authorized to receive the records are: (i) A representative of the Commissioner of Labor and Workforce Development conducting an inspection or investigation under the Act; (ii) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health - NIOSH) conducting an investigation under Section 20(b) of the Occupational Safety and Health Act of 1970, as amended. 2. Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone? TOSHA will consider your response to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline. (3) Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA. (a) Basic requirements. OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING 1. Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses. (i) If your establishment had 20 or more but fewer than 250 (20–249) employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Appendix A Rule 0800- 01-03-.05, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA’s designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form. (ii) If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA’s designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form. 2. Annual electronic submission of information from OSHA Form 300 Log of Work- Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by establishments with 100 or more employees in designated industries. If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Appendix B to Rule 0800-01-03-.05, then you must electronically submit information from OSHA Forms 300 and 301 to OSHA or OSHA’s designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms. 3. Electronic submission of 0800-01-03 records upon notification. Upon notification, you must electronically submit the requested information from your 0800-01-03 records to OSHA or OSHA’s designee. 4. Electronic submission of the Employer Identification Number (EIN). For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment. (b) Implementation. 1. Does every employer have to routinely make an annual electronic submission of information from Rule 0800-01-03 injury and illness recordkeeping forms to OSHA? No, only three categories of employers must routinely submit information from these forms. The first category is establishments that had 20–249 employees at any time during the previous calendar year and are classified in an industry listed in Appendix A to this subpart; establishments in this category must submit the required information from Form 300A to OSHA once a year. The second category is establishments that had 250 or more employees at any time during the previous calendar year and are required by this part to keep records; establishments in this category must submit the required information from Form 300A to OSHA once a year. The third category is establishments that had 100 or more employees at any time during the previous calendar year and are classified in an industry listed in Appendix B to this subpart; establishments in this category must also submit the required information from Forms 300 and 301 to OSHA OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING once a year, in addition to the required information from Form 300A. Employers in these three categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2024 for the 2023 form(s)). If your establishment is not in any of these three categories, then you must submit the information to OSHA only if OSHA notifies you to do so for an individual data collection. 2. Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section? Yes, each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers. 3. How will OSHA notify me that I must submit information as part of an individual data collection under paragraph (a)3. of this section? OSHA will notify you by mail if you will have to submit information as part of an individual data collection under paragraph (a)3. OSHA will also announce individual data collections through publication in the Federal Register and the OSHA newsletter, and announcements on the OSHA website. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal. When do I have to submit the information? If you are required to submit information under paragraph (a)1. or 2. of this section, then you must submit the information once a year, by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2019 for the 2018 form). If you are submitting information because OSHA notified you to submit information as part of an individual data collection under paragraph (a)3. of this section, then you must submit the information as specified in the notification. 5. How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under paragraph (a)3. of this section, OSHA will include the website’s location in the notification for the data collection. 6. Do I have to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under 0800-01-03-.02(2) and/or 0800-01-03- .02(3), then you do not have to routinely submit information under paragraphs (a)1. and 2. of this section. You will have to submit information under paragraph (a)3. of this section if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this part and submit information as directed. 7. Do I have to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States. 8. May an enterprise or corporate office electronically submit information for its establishment(s)? Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a) of this section, then the enterprise or corporate office may collect and electronically submit the information for the establishment(s). OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING 9. If I have to submit information under paragraph (a)2. of this section, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following: (i) From the Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name (column B). (ii) From the Injury and Illness Incident Report (OSHA Form 301): Employee name (field 1), employee address (field 2), name of physician or other health care professional (field 6), facility name and address if treatment was given away from the worksite (field 7). 10. My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name. (c) Reporting dates. Establishments that are required to submit under paragraph (3)(a)1. or 2. of this section must submit all of the required information by March 2 of the year after the calendar year covered by the form(s) (for example, by March 2, 2024, for the forms covering 2023). 1. In 2017 and 2018, establishments required to submit under paragraph (3)(a)1. or 2. of this rule must submit the required information according to the table in this paragraph (3)(c)1.: Submission Year Establishments submitting under paragraph (3)(a)1. of this rule must submit the required information from this form/these forms Establishments submitting under paragraph (3)(a)2. of this rule must submit the required information from this form: Submission deadline 300A 300A July 1, 2017 300A, 300, 301 300A July 1, 2018 2. Beginning in 2019, establishments that are required to submit under paragraph (3)(a)1. or 2. of this rule will have to submit all of the required information by March 2 of the year after the calendar year covered by the form or forms (for example, by March 2, 2019, for the forms covering 2018). Appendix A to 0800-01-03-.05 — Designated Industries for 0800-01-03-.05(3)(a)1.(i) Annual Electronic Submission of Information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20-249 Employees in Designated Industries NAICS Industry Agriculture, forestry, fishing and hunting. Utilities. Construction. 31-33 Manufacturing. Wholesale trade. Automotive parts, accessories, and tire stores. Furniture stores. Home furnishings stores. Building material and supplies dealers. OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING Lawn and garden equipment and supplies stores. Grocery stores. Specialty food stores. Department stores. General Merchandise Stores, including Warehouse Clubs and Supercenters. Used merchandise stores. Vending machine operators. Direct selling establishments. Scheduled air transportation. General freight trucking. Specialized freight trucking. Urban transit systems. Interurban and rural bus transportation. Taxi and limousine service. School and employee bus transportation. Charter bus industry. Other transit and ground passenger transportation. Scenic and sightseeing transportation, land. Support activities for air transportation. Support activities for rail transportation. Support activities for water transportation. Support activities for road transportation. Other support activities for transportation. Postal service. Couriers and express delivery services. Local messengers and local delivery. Warehousing and storage. Cable and other subscription programming. Lessors of real estate. Automotive equipment rental and leasing. Consumer goods rental. General rental centers. Services to buildings and dwellings. Waste collection. Waste treatment and disposal. Remediation and other waste management services. Other ambulatory health care services. General medical and surgical hospitals. Psychiatric and substance abuse hospitals. Specialty (except psychiatric and substance abuse) hospitals. Nursing care facilities. Residential Intellectual and Developmental Disability, mental health, and substance abuse facilities. Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly. Other residential care facilities. Community food and housing, and emergency and other relief services. Vocational rehabilitation services. Performing arts companies. Spectator sports. Museums, historical sites, and similar institutions. OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING Amusement parks and arcades. Gambling industries. Traveler accommodation. RV (recreational vehicle) parks and recreational camps. Special food services. Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance. Dry-cleaning and laundry services. Appendix B to Rule 0800-01-03-.05 — Designated Industries for 0800-01-03-.05(3)(a)2. Annual Electronic Submission of Information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by Establishments With 100 or More Employees in Designated Industries. NAICS Industry Oilseed and Grain Farming Vegetable and Melon Farming Fruit and Tree Nut Farming Greenhouse, Nursery, and Floriculture Production Other Crop Farming Cattle Ranching and Farming Hog and Pig Farming Poultry and Egg Production Other Animal Production Logging Fishing Hunting and Trapping Support Activities for Crop Production Support Activities for Animal Production Support Activities for Forestry Water, Sewage and Other Systems Foundation, Structure, and Building Exterior Contractors Animal Food Manufacturing Sugar and Confectionery Product Manufacturing Fruit and Vegetable Preserving and Specialty Food Manufacturing Dairy Product Manufacturing Animal Slaughtering and Processing Seafood Product Preparation and Packaging Bakeries and Tortilla Manufacturing Other Food Manufacturing Beverage Manufacturing Leather and Hide Tanning and Finishing Footwear Manufacturing Sawmills and Wood Preservation Veneer, Plywood, and Engineered Wood Product Manufacturing Other Wood Product Manufacturing Plastics Product Manufacturing Rubber Product Manufacturing Clay Product and Refractory Manufacturing Glass and Glass Product Manufacturing Cement and Concrete Product Manufacturing Other Nonmetallic Mineral Product Manufacturing Steel Product Manufacturing from Purchased Steel OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING Nonferrous Metal (except Aluminum) Production and Processing Foundries Forging and Stamping Architectural and Structural Metals Manufacturing Boiler, Tank, and Shipping Container Manufacturing Hardware Manufacturing Spring and Wire Product Manufacturing Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing Coating, Engraving, Heat Treating, and Allied Activities Agriculture, Construction, and Mining Machinery Manufacturing Metalworking Machinery Manufacturing Motor Vehicle Manufacturing Motor Vehicle Body and Trailer Manufacturing Motor Vehicle Parts Manufacturing Ship and Boat Building Household and Institutional Furniture and Kitchen Cabinet Manufacturing Office Furniture (including Fixtures) Manufacturing Other Furniture Related Product Manufacturing Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers Lumber and Other Construction Materials Merchant Wholesalers Metal and Mineral (except Petroleum) Merchant Wholesalers Miscellaneous Durable Goods Merchant Wholesalers Grocery and Related Product Merchant Wholesalers Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers Automotive Parts, Accessories, and Tire Stores Home Furnishings Stores Building Material and Supplies Dealers Lawn and Garden Equipment and Supplies Stores Grocery Stores Department Stores General Merchandise Stores, including Warehouse Clubs and Supercenters Used Merchandise Stores Direct Selling Establishments Scheduled Air Transportation General Freight Trucking Specialized Freight Trucking Urban Transit Systems Interurban and Rural Bus Transportation Taxi and Limousine Service School and Employee Bus Transportation Other Transit and Ground Passenger Transportation Scenic and Sightseeing Transportation, Land Support Activities for Air Transportation Support Activities for Water Transportation Other Support Activities for Transportation Postal Service Couriers and Express Delivery Services Warehousing and Storage Consumer Goods Rental OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING Waste Collection Waste Treatment and Disposal Other Ambulatory Health Care Services General Medical and Surgical Hospitals Psychiatric and Substance Abuse Hospitals Specialty (except Psychiatric and Substance Abuse) Hospitals Nursing Care Facilities (Skilled Nursing Facilities) Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly Other Residential Care Facilities Vocational Rehabilitation Services Performing Arts Companies Spectator Sports Amusement Parks and Arcades Traveler Accommodation RV (Recreational Vehicle) Parks and Recreational Camps Special Food Services