On January 1, 2015, OSHA’s new reporting requirements became effective.  Under the new reporting requirements contained in Section 1904.39 employers are now required to report to OSHA any work-related hospitalization of one or more employee, an amputation, an eye loss or fatality.

In a December 16, 2014 interpretation letter, OSHA responded to a question on how to distinguish between an amputation, which is reportable, and an avulsion, which is not reportable.  In addressing this question, OSHA stressed that in determining whether an amputation has occurred, employers should rely on the diagnosis of a health care professional.  However, OSHA clarified that the types of avulsions that do not need to be reported include, “deglovings, scalpings, fingernail and toenail removal, eyelid removal, loss of a tooth, and severed ears.”

OSHA also clarified that merely the loss of sight is not reportable.  OSHA stated, “loss of an eye is the physical removal of the eye….[l]oss of sight without the removal of the eye is not reportable under the requirements.” However, if the loss of sight resulted in an employee’s hospitalization within 24 hours of the work-related incident then the hospitalization, not the loss of sight, would be reportable.

A copy of this interpretation letter can be found on OSHA’s website here.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.

Read more about Tressi L. Cordaro
Show more Show less