(a) Reporting fatalities and multiple hospitalization incidents to OSHA. - (i) Basic requirement. Within eight (8) hours after the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident, you must orally report the fatality/multiple hospitalization by telephone or in person to the Department of Employment, Workers' Safety Division; Cheyenne Business Center, West-Wing; Cheyenne, WY 82002; telephone number (307) 777-7786. You may also use the OSHA toll-free central telephone number,1-800-321 -6742 (1-800-321 -6742).
- (ii) Implementation.
- (A) If the Workers' Safety office is closed, may I report the incident by leaving a message on their answering machine, faxing the area office, or sending an e-mail? No, if you can't talk to a Workers' Safety person, you must report the fatality or multiple hospitalization incident using the 800 number.
- (B) What information do I need to give to the Department about the incident? You must give them the following information for each fatality or multiple hospitalization incident:
- (I) The establishment name;
- (II) The location of the incident;
- (III) The time of the incident;
- (IV) The number of fatalities or hospitalized employees;
- (V) The names of any injured employees;
- (VI) Your contact person and his or her phone number; and
- (VII) A brief description of the incident.
- (C) Do I have to report every fatality or multiple hospitalization incident resulting from a motor vehicle accident? No, you do not have to report all of these incidents. If the motor vehicle accident occurs on a public street or highway, and does not occur in a construction work zone, you do not have to report the incident to the Department. However, these injuries must be recorded on your OSHA injury and illness records, if you are required to keep such records.
- (D) Do I have to report a fatality or multiple hospitalization incident that occurs on a commercial or public transportation system? No, you do not have to call the Department to report a fatality or multiple hospitalization incident if it involves a commercial airplane, train, subway or bus accident. However, these injuries must be recorded on your OSHA injury and illness records, if you are required to keep such records.
- (E) Do I have to report a fatality caused by a heart attack at work? Yes, the Department director will decide whether to investigate the incident, depending on the circumstances of the heart attack.
- (F) Do I have to report a fatality or hospitalization that occurs long after the incident? No, you must only report each fatality or multiple hospitalization incident that occurs within thirty (30) days of an incident.
- (G) What if I don't learn about an incident right away? If you do not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under paragraphs (a) and (b) of this section, you must make the report within eight (8) hours of the time the incident is reported to you or to any of your agent(s) or employee(s).
(b) Providing records to the Department representatives. - (i) Basic requirement. When an authorized Department representative asks for the records you keep under this chapter, you must provide copies of the records within four (4) business hours.
- (ii) Implementation.
- (A) What Department representatives have the right to get copies of my Injury and Illness records? The government representatives authorized to receive the records are:
- (I) A representative of the Secretary of Labor conducting an inspection or investigation under the Act;
- (II) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health (NIOSH) conducting an investigation under section 20(b) of the Act, or
- (III) A representative of the Department responsible for administering a State plan approved under section 18 of the Act.
- (B) Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone? The Department will consider your response to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline.
(c) Annual OSHA injury and illness survey of ten or more employers. - (i) Basic requirement. If you receive OSHA's annual survey form, you must fill it out and send it to OSHA or OSHA's designee, as stated on the survey form. You must report the following information for the year described on the form:
- (A) the number of workers you employed;
- (B) the number of hours worked by your employees; and
- (C) the requested information from the records that you keep under this chapter.
- (ii) Implementation.
- (A) Does every employer have to send data to OSHA? No, each year, OSHA sends injury and illness survey forms to employers in certain industries. In any year, some employers will receive an OSHA survey form and others will not. You do not have to send injury and illness data to OSHA unless you receive a survey form.
- (B) How quickly do I need to respond to an OSHA survey form? You must send the survey reports to OSHA, or OSHA's designee, by mail or other means described in the survey form, within 30 calendar days, or by the date stated in the survey form, whichever is later.
- (C) Do I have to respond to an OSHA survey form if I am normally exempt from keeping OSHA injury and illness records? Yes, even if you are exempt from keeping injury and illness records under Section 2(a) to (c), OSHA may inform you in writing that it will be collecting injury and illness information from you in the following year. If you receive such a letter, you must keep the injury and illness records required by Section 2(e) to(i) and make a survey report for the year covered by the survey.
- (D) Do I have to answer the OSHA survey form if I am located in a State-Plan State? Yes, all employers who receive survey forms must respond to the survey, even those in State-Plan States.
- (E) Does this section affect OSHA's authority to inspect my workplace? No, nothing in this section affects OSHA's statutory authority to investigate conditions related to occupational safety and health.
(d) Requests from the Bureau of Labor Statistics for data. - (i) Basic requirement. If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it following the instructions contained on the survey form.
- (ii) Implementation.
- (A) Does every employer have to send data to the BLS? No, each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form.
- (B) If I get a survey form from the BLS, what do I have to do? If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form.
- (C) Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records? Yes, even if you are exempt from keeping injury and illness records under Section 2(a) to (c), the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by ? Section 2(e) to (i) and make a survey report for the year covered by the survey.
- (D) Do I have to answer the BLS survey form if I am located in a State-Plan State? Yes, all employers who receive a survey form must respond to the survey, even those in State-Plan States.