N.Y. Comp. Codes R. & Regs. tit. 12 § 801.39

Current through Register Vol. 46, No. 38, September 18, 2024

Section 801.39 - Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents

(a) Basic requirement.

(1) Within eight (8) hours after the death of any employee as a result of a work-related incident, the death of any employee in the work environment, regardless of the cause, or the in-patient hospitalization of two (2) or more employees as a result of a work-related incident, the employer must report the fatality or hospitalizations to the Department of Labor.

(2) Within twenty-four (24) hours after the in-patient hospitalization of an employee, an employee's amputation, or an employee's loss of an eye, as a result of a work-related incident, the employer must report the in-patient hospitalization, amputation, or loss of an eye to the Department of Labor.

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

(i) By telephone or in person to the Public Employee Safety and Health (PESH) Office that is nearest to the site of the incident.

(ii) By electronic submission in a manner prescribed by the Commissioner of Labor and identified on the Department of Labor's website.

(b) Implementation.

(1) If the PESH Office is closed and thus preventing the employer from reporting, the employer must report the fatality, in-patient hospitalization, amputation, or loss of an eye in the manner prescribed by the Commissioner of Labor and identified on the Department of Labor's website.

(2) The employer must give the Department of Labor the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye:

(i) the establishment name;

(ii) the location of the work-related incident;

(iii) the time of the work-related incident;

(iv) the type of reportable event (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye);

(v) the number of employees who suffered the fatality, in-patient hospitalization, amputation, or loss of an eye;

(vi) the names of the employees who suffered the fatality, in-patient hospitalization, amputation, or loss of an eye;

(vii) the employer's contact person and their phone number; and

(viii) a brief description of the work-related incident.

(3) If the fatality, in-patient hospitalization, amputation, or loss of an eye resulted from a motor vehicle accident that occurred in a construction work zone, the employer must report the fatality, in-patient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, the employer does not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to the Department of Labor. However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on the employer's injury and illness records, if the employer is required to keep such records.

(4) If the fatality, in-patient hospitalization, amputation, or loss of an eye occurred on a commercial or public transportation system such as an airplane, train, subway, or bus, the employer does not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to the Department of Labor. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on the employer's injury and illness records, if the employer is required to keep such records.

(5) The employer must report work-related fatalities or in patient hospitalizations caused by a heart attack to the Department of Labor.

(6) The employer must only report a fatality to the Department of Labor if the work-related fatality occurs within thirty (30) days of the work-related incident. For an inpatient hospitalization, amputation, or loss of an eye, the employer must only report the event to the Department of Labor 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 the employer's injury and illness records, if the employer is required to keep such records.

(7) If the employer does not immediately learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes place, the employer must make the report to the Department of Labor within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to the employer or to any of the employer's agent(s): Eight (8) hours for the death of any employee as a result of a work-related incident, the death of any employee in the work environment, regardless of the cause, or the or in-patient hospitalization of two (2) or more employees as a result of a work-related incident, and twenty-four (24) hours for an in-patient hospitalization of a single employee, an amputation, or a loss of an eye as a result of a work-related incident.

(9) For the purposes of this Part, "In-patient hospitalization" is defined as a formal admission to the in-patient service of a hospital or clinic for care or treatment.

(10) The employer does not have to report an in-patient hospitalization that involves only observation or diagnostic testing. The employer must only report to the Department of Labor each in-patient hospitalization that involves care or treatment.

(11) For the purposes of this Part, an "amputation" is defined as the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially), fingertip amputations with or without bone loss, medical amputations resulting from irreparable damage, and amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 801.39

Adopted New York State Register July 31, 2024/Volume XLVI, Issue 31, eff. 7/31/2024