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29 CFR 1904.39: Reporting deaths and severe injuries

Subpart E—Reporting Fatality, Injury and Illness Information to the Government · official heading: Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA

Employers must report a work-related death to OSHA within 8 hours, and an in-patient hospitalization, amputation or loss of an eye within 24 hours.

9,936citations since 2015
9,612employers cited
3%serious, willful or repeat
$2,082median penalty per item

OSHA has cited 29 CFR 1904.39 9,936 times since 2015, against 9,612 employers. Penalties on these items add up to $27,952,849 at their current amounts.

Citations per year

The parts of the rule cited most

1904.39(a)(2) · 8,235 citations

(2) 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.

1904.39(a)(1) · 1,508 citations

(a) Basic requirement. (1) 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.

1904.39(a) · 86 citations

1904.39(a)(3) · 79 citations

(3) You must report the fatality, in-patient hospitalization, amputation, or loss of an eye using one of the following methods:

1904.39(b)(2) · 14 citations

(2) What information do I need to give to OSHA about the in-patient hospitalization, amputation, or loss of an eye? You must give OSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye:

1904.39(b)(7) · 10 citations

(7) What if I don't learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away? If you do not learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes place, you must make the report to OSHA within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s): Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye.

1904.39(b)(5) · 3 citations

(5) Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack.

1904.39(b)(6) · 1 citations

(6) What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? You must only report a fatality to OSHA if the fatality occurs within thirty (30) days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if it occurs within twenty-four (24) hours of the work-related incident. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

Industries cited most

  • Construction 2,754
  • Manufacturing 2,447
  • Administrative and Support and Waste Management and Remediation Services 757
  • Retail Trade 580
  • Wholesale Trade 563
  • Transportation and Warehousing 543

States cited most

Recently cited employers