Beginning on January 1, 2015, employers in states with Federal OSHA jurisdiction were required to start reporting to OSHA work-related fatalities (that occur within 30 days of the work-related incident) within 8 hours of learning of the fatality, work-related in-patient hospitalizations, amputations and losses of an eye within 24 hours of the work-related incident.

However, those states that operate their own state OSHA program have until January 1, 2016 to implement the new requirements. To date, only four states have adopted and put into effect the new federal OSHA reporting requirements. These include:

  • North Carolina – effective January 1, 2015
  • Iowa – effective January 14, 2015
  • Tennessee – effective February 24, 2015
  • Indiana – effective March 1, 2015

Some other state plans have indicated that they are currently in the proposed rulemaking process and intend to adopt the new federal requirements relatively shortly. These include:

  • Minnesota – Agency’s intention is to adopt the new requirements by March 18, 2015 with an effective date of October 1, 2015.
  • New Mexico – A public hearing on the proposed rule to adopt the new reporting requirements is scheduled for May 15, 2015.
  • Oregon – The agency currently has an open comment period until March 11, 2015 and anticipates adopting the new requirements in March with an effective date of January 1, 2016.
  • Virginia – The bill to adopt the new requirements was submitted to Governor McAuliffe on February 26, 2015 for signature with an action deadline of March 30, 2015. The effective date is unclear.
  • Washington – A public hearing on the proposed rule to adopt the new reporting requirements is scheduled for March 27, 2015 and the agency intends to adopt the new requirements on May 5, 2015. However, the effective date is unclear.

Arizona has submitted a request to Governor Ducey to proceed with proposed rulemaking adopting the new reporting requirements and is currently waiting for a response from the Governor’s office. The remaining state plans are currently evaluating the new federal reporting requirements but have not indicated when they will adopt and implement them. To ensure compliance, employers are encouraged to continue to monitor the various state plans progress in adopting these new requirements.

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