OSHA’s new reporting requirements began on January 1, 2015. Under these requirements, employers in federal OSHA jurisdiction are required to report to OSHA any work-related fatality or any work-related injury resulting in an employee being formally admitted to the hospital or any work-related amputation or loss of an eye. Since the implementation of these new requirements, OSHA estimates that it is receiving 200 to 250 reported incidents each week.

According to OSHA, roughly 40 percent of those reported injury cases are resulting in an on-site inspection by the agency. In about 50 percent of the cases OSHA is instituting the “rapid response investigation” and sending the employer a letter requesting additional information about the incident and the employer’s corrective actions. In roughly 10 percent of the cases, no agency action is taken either because the event was not reportable under the new requirements or OSHA does not have jurisdiction.

To date not all state plans have adopted the new reporting requirements and some have, but have not adopted them verbatim. For example, Kentucky previously required employers to report amputations within 72 hours. However, Kentucky OSHA’s definition of amputation is limited to amputations including bone-loss. In revising its reporting requirements, Kentucky simply added the reporting of the loss of an eye. So Kentucky chose to keep the 72 hour requirement and not adopt federal OSHA’s 24-hour time period for amputations. Additionally, Kentucky OSHA did not revise its definition of amputation to include amputation of finger-tips without bone loss.

OSHA has compiled a table listing the status of each state’s adoption of the new requirements.

 

Print:
EmailTweetLikeLinkedIn
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.