OSHA Instruction STP 2-1.173 June 7, 1994 Office of State Programs
Subject: Final Rule on Reporting of Fatality or Multiple Hospitalization
A. Purpose. This instruction describes a Federal Program Change
to the Regions and State designees.
B. Scope. This instruction applies OSHA-wide.
1. 29 CFR 1904.8, Reporting of Fatality or Multiple
2. 29 CFR 1902.3(k), Employer Records and Reports.
3. 29 CFR 1952.4, Recordkeeping and Reporting
D. Federal Program Change. This instruction describes a Federal
program change which affects State programs. Each Regional Administrator
1. Ensure that a copy of this instruction is promptly forwarded
to each State designee, using a format consistent with the Plan Change
Two-way Memorandum in Appendix P, OSHA Instruction STP 2.22A, Ch-2.
2. Provide a copy of the Federal Register notice to the
State designee upon request.
3. Explain the technical content of the Federal Register
notice at 59 FR 15594, Reporting of Fatality or Multiple Hospitalization
4. Inform each State designee that in order to be considered at
least as effective as the Federal program, States must adopt reporting
requirements for fatalities and multiple hospitalization incidents which are
at least as stringent as the new Federal provisions at 29 CFR 1904.8 as
published on April 1, 1994. OSHA Instruction STP 2-1.173
5. Inform States that calls from plan States to the Federal OSHA
toll-free central telephone number will be directed through the OSHA Area
Offices to the appropriate States. Therefore, States may include in their
regulations a provision allowing callers reporting fatalities or multiple
hospitalization incidents to use the Federal toll-free central number,
6. Inform States that those States which must enact statutory
changes in order to adopt the revised reporting requirements will be allowed
one legislative session to effect the revised requirements, but the changes
must be in place no later than December 31, 1996.
7. Encourage States to promote compliance with the revised
Federal reporting requirements prior to State adoption, especially where
adoption will be delayed because of the necessity for legislative
8. Inform States that if statutory changes are not required to
adopt the revised reporting requirements, the changes must be made within six
months of the date of Federal publication (i.e., by October 1,
9. Inform States that they must submit a plan supplement to the
Regional Administrator within 30 days of State promulgation of the revised
10. Ensure that State designees are asked to acknowledge receipt
of this Federal program change in writing to the Regional Administrator as
soon as the State's intention is known, but not later than 70 calendar days
after the date of issuance (10 days for mailing and 60 days for response).
This acknowledgment should include (a) the State's plan to adopt and
implement an identical change, including whether legislative changes are
necessary and when they will be accomplished; (b) the State's plan to develop
an alternative change, which is as effective, or (c) reasons why no change is
necessary to maintain a program which is at least as effective as the Federal
program. The acknowledgement should also include an indication of whether
and how the State is encouraging interim compliance with the new Federal
1. The previous regulation at 29 CFR 1904.8 required the
reporting of any accident which resulted in a fatality or in the
hospitalization of five or more employees, within 48 hours after the
occurrence. The final rule published on April 1, 1994 amends 29 CFR 1904.8
to require reporting of work related incidents resulting in the death of an
employee or the hospitalization of three or more employees within eight hours
after the employer learns of the incident. In addition, whether or not an
incident is immediately reportable, if it results in the death of an employee
or the in-patient hospitalization of three or more employees within 30 days
of the incident, the employer must report the fatality or multiple
hospitalization within eight hours of learning of it.
2. OSHA regulations at 29 CFR 1902.3(k) require that States
operating approved occupational safety and health plans ensure that employers
will maintain records and make reports to the Assistant Secretary in the same
manner and to the same extent as if the plan were not in effect. 29 CFR
1952.4 requires that States must adopt recordkeeping and reporting
regulations which are substantially identical to 29 CFR Part 1904. However,
this section further provides that States are not precluded from imposing
stricter recordkeeping and reporting requirements in certain circumstances.
OSHA has allowed States to vary from the "substantially identical"
requirement as it relates to fatality and multiple hospitalization reporting
as long as the State requirements are at least as effective as the
3. Some States have adopted more stringent reporting requirements
than those in the earlier version of 29 CFR 1904.8. If those States'
requirements remain as stringent as the new Federal requirements, no change
in the State regulation will be necessary.
Joseph A. Dear Assistant Secretary
DISTRIBUTION: National and Regional Offices State Designees Monitoring
Area Offices OSHA Training Institute