Despite your best efforts to create a safe workplace, there may still be accidents. In many cases, an accident traumatizes a company, with concentrated efforts devoted to helping any victims, making temporary repairs or adjustments at the jobsite or shop, and trying to get the daily business flow going again. Stopping to notify OSHA is likely to not be one of your immediate priorities. But at what point does an “accident” qualify as being required to be reported to OSHA?
Suppose your foreman calls from a jobsite. He tells you that one of your workers has fallen, and requires hospitalization. Do you ever need to call OSHA about the incident? Surprisingly, the answer is “No”. In fact, the criteria for qualifying an incident as reportable are much higher.
According to Federal regulations, an accident is required to be reported to your local OSHA office when:
A fatality has occurred.
or…
Three or more workers require in-patient (overnight stay) hospitalization from a particular incident.
Note that the criteria above will apply to a thirty (30) day window from the occurrence of the accident. For instance, if within thirty days from a particular incident a worker dies as a result, at that time the accident is reportable.
Another example would be three workers working on a roof deck. The roof deck collapses, with all three workers falling. Two workers are rushed to the hospital where they each spend at least one overnight stay. The third worker, however, is treated for cuts and bruises and released without an overnight stay. If within thirty days, the third worker is admitted for an overnight stay (say, due to a possible concussion that symptoms later indicated), then at the point in which the third worker stayed overnight is when the accident becomes reportable.
Once an incident is determined to be reportable to OSHA, it’s time to take a deep breath and get on with it immediately. The notification needs to be made within the following time limits.
Within eight (8) hours.
or…
Within eight (8) hours from when the incident is reported to any agent or employee of the contractor.
Furthermore, OSHA requires the following information to be given at the time of reporting a qualifying accident.
Company name
Location of the incident
Time of the incident
Number of fatalities and/or
Number of hospitalized workers
Contact person
Phone number
A brief description of the accident
This report should go to the local OSHA area office. To help with this, OSHA has established an emergency number of (800) 321-OSHA. Upon calling this number, you’ll be directed through a menu. After you’re directed to enter your zip code, your call will be forwarded to the appropriate OSHA office. Notification may be made by phone, facsimile, or hand-carried letter. Naturally, any phone or fax notices should be followed up in writing for verification, and to ensure no misinterpretations occur.
Failure to report a qualifying accident in time may result in fines of up to $5,000. Naturally, some mitigating circumstances may apply, such as if the accident occurred at night, or on a weekend or holiday. Also, if the stress of the moment caused you to forget to notify immediately. The main fact OSHA would consider is if the contractor actually contacted OSHA first- not the other way around. Voluntarily calling OSHA first, say 24 hours after and accident, while technically a violation, may not be pursued as such by OSHA. However, if OSHA contacts you at any time after the 8 hour expiration has run out, you will likely be cited for failure to notify.
A contractor contacted me several months ago, and said he was “waiting for OSHA to come to the door.” When asked why, he said that one of his workers (who wasn’t wearing a safety harness) was killed from a fall. He was talking how he had expected OSHA to come to his office, but it had been two weeks. He believed that OSHA automatically visits contractors in such a circumstance- and sometimes it may be true. In this case the contractor was clearly in violation, and the likely eventual discovery of this accident by OSHA would lead to serious consequences for the contractor. Upon my advice, he promptly notified OSHA with his explanation- not good, but the best course under the circumstances.
Also, be careful that the information given is correct and truthful. The above list is the minimum required by OSHA, and should be factual, but may be brief. Remember, penalties for false statements by you or your workers may result in fines up to $10,000 and or imprisonment of up to 6 months!
If an accident happens, there is no need to rush to the phone. Obviously the first order of business is to take care of your workers first, then eliminate any hazards causing or resulting from the incident, and then returning the jobsite to a safe condition.
At that point a careful and clear assessment should be done to determine if the accident qualifies for reporting. If it is determined that the accident qualifies, then a notification report should be carefully prepared in accordance with the above list, and OSHA notified within the 8 hour time limit of the accident’s occurrence.
What qualifies as a reportable accident. should be understood by not only your workers, but also any subcontractors working onsite to prevent unnecessary reporting of an accident. A notice should be added to your poster board showing the two criteria which qualifies an incident as reportable. Many workers and subcontractors are quick to call OSHA when any accident occurs under the incorrect premise that it is necessary. Therefore, this should be discussed with all workers and other contractors on a project so that everyone is familiar with the regulations.
However, remember it’s still everyone’s responsibility onsite to report any safety violations or unsafe work practices to the controlling, or general contractor to keep the jobsite safe. Contractors working together to control unsafe conditions is a major step to preventing a reportable accident from occurring.
For instance, the angle that a straight or extension ladder is placed against a wall or structure is critical to ladder safety. If the base of the ladder is placed too far away from the wall (see figure 1), there is more outward lateral pressure on the feet than the ladder was designed for. What this means to you is that the ladder is much more likely to slip out from under you than you realize. Ladder engineers design the foot dimensions and materials based on the anticipated load, but only at the correct angle – any more lateral forces on the feet is just asking for trouble.