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OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
May 26, 1994
Mr. Lawrence P. Halprin
Keller and Heckman
1001 G Street, N.W.
West Washington, D.C. 20001
Dear Mr. Halprin:
Thank you for your letter dated April 21, requesting clarification on the revised requirements for reporting occupational fatalities and multiple hospitalization incidents to OSHA.
Your interpretation of the revised requirements, as outlined in your letter is correct. The reporting requirements apply only to the in-patient hospitalization or death of employees of an employer. Employees include all full and part-time employees. In addition, all workers who are supervised on a day-to-day basis by a given employer are considered employees of the using firm for recording and reporting purposes.
I hope you find this information useful. If you have any further questions, please contact us at Area Code: (202) 219-6463.
Stephen A. Newell
Office of Statistics
April 21, 1994
Mr. Steven A. Newell
Director, Office of Statistics
Department of Labor - OSHA
200 Constitution Avenue, N.W.
Washington, D.C. 20010
Re: 29 CFR 1904.8, The Reporting of Fatality or Multiple Hospitalizaton Incidence
Dear Mr. Newell:
The purpose of this letter is to confirm your oral advice regarding OSHA's interpretation of the referenced rule with respect to the issue described below.
Revised Section 1904.8 states, in part, that "the employer of any employees so affected shall report the incident . . ." Based on our discussions with you, it is our understanding that, regardless of how many individuals are hospitalized in a particular incident (and assuming no fatalities), an employer would have no reporting obligations under 1904.8 unless at least three of its "employees" were hospitalized on an in-patient basis. This interpretation is illustrated by the following example.
Assume a work-related incident causes five people to be hospitalized on an in-patient basis and that there are no deaths. Also assume that three of the hospitalized individuals are employed by Employer A, and two of the hospitalized individuals are employed by Employer B.
Under the facts of this example, our understanding of the application 1904.8 is as follows: 1) Employer A would be required to report the incident and the hospitalization of its three employees; 2) Employer A would not be required to report or be familiar with the hospitalization of three employees of Employer B; and 3) Employer B would have no reporting obligation because less than three of its employees were hospitalized.
Please confirm that our interpretation accurately reflects the Agency's position on this issue. If you have any questions regarding our request, please give us a call.
Lawrence P. Halprin