When do I have to report an injury to OSHA?

OSHA's 8-hour and 24-hour severe injury clocks

Federal OSHA's severe injury reporting rule, 29 CFR 1904.39, sets two clocks. The regulation reads:

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 Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.

Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or 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 OSHA.

The clocks apply to every employer under OSHA jurisdiction, including a two-person subcontractor. OSHA's reporting page:

All employers under OSHA jurisdiction must report these incidents to OSHA, even employers who are exempt from routinely keeping OSHA records due to company size or industry.

The clock starts when you, or any agent of yours such as a foreman, learn of the event, or learn that it was work-related; the 8 or 24 hours run from that moment, not from the incident.

What counts as an in-patient hospitalization, amputation, or loss of an eye

OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment. An emergency room visit that ends with the worker going home is not reportable, and neither is an admission for observation or diagnostic testing only. OSHA's reporting page states:

Treatment in an Emergency Room only is not reportable.

An amputation is the traumatic loss of a limb or other external body part. It includes a fingertip amputation with or without bone loss, a medical amputation after irreparable damage, and a body part that was later reattached. Avulsions, deglovings, severed ears, and broken or chipped teeth are not amputations under the rule. A heart attack death or hospitalization at work is reportable.

How to report a severe injury to OSHA

You have three ways to report: by telephone or in person to the OSHA Area Office nearest the incident, by telephone to the 24-hour hotline at 1-800-321-6742, or through the online Serious Event Reporting form. Voicemail, fax, and email do not count; when the Area Office is closed, use the 800 number or the online form.

Have these eight items ready before you call: the establishment name, the location of the incident, the time of the incident, the type of event (fatality, in-patient hospitalization, amputation, or loss of an eye), the number of employees affected, their names, a contact person with a phone number, and a brief description of what happened.

The OSHA reporting exceptions for vehicle crashes, transit, and late events

A death is reportable only if it occurs within 30 days of the work-related incident. An in-patient hospitalization, amputation, or loss of an eye is reportable only if it occurs within 24 hours of the incident. Outside those windows the case is recorded, not reported.

A crash on a public street or highway is not reportable, with one construction-specific exception: if the crash happened in a construction work zone, you must report it. Events on commercial or public transportation are not reportable either; both still get recorded. For a temporary worker, the employer that provides day-to-day supervision makes the report.

The OSHA 300 Log's 7-calendar-day rule

Severe injury reporting and injury recordkeeping are separate duties. If your company had 10 or fewer employees at all times during the last calendar year, you do not have to keep the OSHA 300 Log, 300A summary, or 301 incident reports unless OSHA or the Bureau of Labor Statistics tells you in writing. Peak company-wide headcount counts, so 11 employees for one day means records the following year. Construction is not a partially exempt industry.

If you keep records, 29 CFR 1904.29 sets the entry deadline:

You must enter each recordable injury or illness on the OSHA 300 Log and 301 Incident Report within seven (7) calendar days of receiving information that a recordable injury or illness has occurred.

A recordable case is a work-related injury or illness that results in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, loss of consciousness, or a significant diagnosed injury such as a fractured or cracked bone. Post the certified 300A at each establishment from February 1 through April 30, and keep the records for 5 years. A construction establishment that had 20 to 249 employees at any point in the prior year also submits its 300A electronically through OSHA's Injury Tracking Application by March 2.

State Plan states with shorter reporting windows

Twenty-two State Plans cover private-sector employers, and each must be at least as effective as federal OSHA, which lets a state set a shorter window. Three verified examples: California requires a report within 8 hours of a serious injury or illness, a category broader than the federal triggers; Washington gives 8 hours for a fatality or in-patient hospitalization; and Utah requires a report within 8 hours of any disabling, serious, or significant injury, including fractures and concussions. In a State Plan state, check the state agency's page before relying on the federal 24-hour window.

Missouri and Illinois private employers are under federal OSHA (the Illinois plan covers only public employees). The full list is on the OSHA State Plans page.