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OSHA 1904.39

Reporting severe work incidents

Subpart E

20 Questions & Answers
10 Interpretations

Questions & Answers

Under 1904.39(a)(1), how soon must I report a work-related employee fatality to OSHA?

You must report a work-related employee fatality to OSHA within eight (8) hours of the death. This is required under 1904.39(a)(1).

  • Use the reporting methods in 1904.39(a)(3) (Area Office by phone/in-person, OSHA toll-free 1-800-321-OSHA, or the electronic reporting application on OSHA's website).
  • If you learn of the fatality later, see 1904.39(b)(7) about the required reporting time after you are notified.

Under 1904.39(a)(2), when must I report an in-patient hospitalization, amputation, or loss of an eye to OSHA?

You must report a work-related in-patient hospitalization, amputation, or loss of an eye to OSHA within twenty-four (24) hours of the event. This is required under 1904.39(a)(2).

  • Reports may be made using the methods in 1904.39(a)(3).
  • If you didn't learn about the event immediately, see 1904.39(b)(7)–(8) for the timelines that apply after notification or after learning the event was work-related.

Under 1904.39(a)(3), what methods may I use to report a fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA?

You may report by (1) telephone or in person to the nearest OSHA Area Office, (2) telephone to OSHA’s toll-free central number 1-800-321-OSHA (1-800-321-6742), or (3) by electronic submission using OSHA’s reporting application on the OSHA website. This is specified in 1904.39(a)(3).

Under 1904.39(b)(1), what should I do if the OSHA Area Office is closed when I need to make a report?

If the Area Office is closed, you must report using OSHA’s toll-free number or the electronic reporting application; you may not leave a message, fax, or email the Area Office. This requirement is in 1904.39(b)(1).

Under 1904.39(b)(2), what specific information must I provide to OSHA when reporting a reportable event?

You must provide the establishment name, incident location, time of the incident, type of event (fatality, in‑patient hospitalization, amputation, or loss of an eye), number of employees affected, names of affected employees, a contact person and phone number, and a brief description of the incident. These required items are listed in 1904.39(b)(2).

Under 1904.39(b)(3), do I have to report a work-related motor vehicle accident that occurred on a public street or highway?

If the motor vehicle accident occurred in a construction work zone, you must report the fatality, in‑patient hospitalization, amputation, or loss of an eye to OSHA; if it occurred on a public street or highway outside a construction work zone, you do not have to report it to OSHA (but you may still need to record it). This distinction is explained in 1904.39(b)(3) and 1904.39(b)(4).

  • For detailed application to travel and commuting scenarios, see OSHA’s Letter of Interpretation on work-related motor vehicle fatalities at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-12 which explains how travel status and "home away from home" rules affect work-relatedness.

Under 1904.39(b)(4), are incidents that occur on commercial or public transportation systems reportable to OSHA?

No, you do not have to report a fatality, in‑patient hospitalization, amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (for example, an airplane, train, subway, or bus). This is stated in 1904.39(b)(4).

  • However, these incidents must still be recorded on your OSHA injury and illness records if you are required to keep such records, as noted in 1904.39(b)(4).

Under 1904.39(b)(6), when is a fatality or hospitalization considered reportable based on timing after the work-related incident?

You must report a fatality only if the death occurs within thirty (30) days of the work-related incident; you must report an in‑patient hospitalization, amputation, or loss of an eye only if it occurs within twenty‑four (24) hours of the work-related incident. This timing requirement is in 1904.39(b)(6).

  • If the death or injury occurs outside these time windows, it is not reportable under 1904.39, but it may still need to be recorded on OSHA logs if recordkeeping criteria are otherwise met.

Under 1904.39(b)(7)–(8), what are my reporting deadlines if I learn about a reportable event late or learn later that it was work-related?

If you learn about a reportable fatality, you must report to OSHA within eight (8) hours after it is reported to you or your agent; for an in‑patient hospitalization, amputation, or loss of an eye you must report within twenty‑four (24) hours after it is reported to you or your agent. The same timelines apply if you later learn the event was work-related. See 1904.39(b)(7) and 1904.39(b)(8).

  • Keep clear internal procedures to ensure prompt reporting when you or your agents are notified or discover work-relatedness.

Under 1904.39(b)(9)–(10), how does OSHA define "in‑patient hospitalization" and do I have to report hospital observation stays?

OSHA defines "in‑patient hospitalization" as a formal admission to the in‑patient service of a hospital or clinic for care or treatment, and you do not have to report hospital stays that involve only observation or diagnostic testing. This is stated in 1904.39(b)(9) and 1904.39(b)(10).

  • Only in‑patient admissions that involve care or treatment are reportable under 1904.39(b)(11).

Under 1904.39(b)(11), how does OSHA define "amputation" for reporting purposes?

OSHA defines an amputation as the traumatic loss of a limb or other external body part; this includes complete or partial severing (including fingertip amputations with or without bone loss), medical amputations due to irreparable damage, and amputations of parts that were later reattached. This definition appears in 1904.39(b)(11).

  • The definition excludes avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth, per 1904.39(b)(11).

Under 1904.39(b)(5), do I have to report a work-related heart attack that causes hospitalization or death?

Yes, you must report a work-related fatality or in‑patient hospitalization caused by a heart attack; your local OSHA Area Office director will decide whether to investigate based on the circumstances. This is addressed in 1904.39(b)(5).

Under 1904.39(b)(3) and the June 12, 2024 Letter of Interpretation, how do I determine if a motor vehicle fatality is work‑related and reportable?

A motor vehicle fatality is work‑related and reportable if it occurred while the employee was engaged in work activities in the interest of the employer; injuries occurring in a construction work zone are reportable under 1904.39(b)(3). OSHA’s June 12, 2024 Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-12 explains travel‑status rules including the "home away from home" concept and the exceptions that can make a travel‑related accident non‑work‑related.

  • Use the guidance in 1904.39(b)(3) and the June 12, 2024 interpretation to evaluate whether the employee was traveling in the interest of the employer or had established a temporary "home away from home," which affects reportability and recording.

Under 1904.39(a)(3)(iii), can I use OSHA’s web reporting application to meet the reporting requirement?

Yes, you can use OSHA’s electronic reporting application on OSHA’s website to submit reports of fatalities, in‑patient hospitalizations, amputations, and losses of an eye as allowed in 1904.39(a)(3)(iii).

  • If the Area Office is closed, 1904.39(b)(1) requires that you use the web app or the toll‑free number rather than leaving a message.
  • For broader guidance about electronic recordkeeping and equivalent electronic forms, see OSHA’s Letter of Interpretation on software‑generated recordkeeping forms at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29 which explains when electronic forms can substitute for OSHA recordkeeping forms.

Under 1904.39(b)(2)(vi), do I have to report the names of employees who suffered the reportable event?

Yes, when reporting a fatality, in‑patient hospitalization, amputation, or loss of an eye you must provide the names of the employees affected, per 1904.39(b)(2)(vi).

Under 1904.39, if an employee dies more than 30 days after a workplace incident, do I need to report it to OSHA?

No, you only need to report a work-related fatality to OSHA if the death occurs within thirty (30) days of the work-related incident, as stated in 1904.39(b)(6).

  • Even if not reportable under 1904.39, the case may still need to be recorded on your OSHA injury and illness records if it meets recording criteria in Part 1904.

Under 1904.39(b)(10), is an in‑patient hospitalization for observation or diagnostic testing reportable to OSHA?

No, an in‑patient hospitalization that involves only observation or diagnostic testing is not reportable to OSHA. This is clarified in 1904.39(b)(10).

Under 1904.39, what should my internal process include to make sure I meet reporting timelines?

Your internal process should ensure prompt notification, clear assignment of who reports to OSHA, and use of the approved reporting methods so reports are made within eight (8) hours for fatalities and twenty‑four (24) hours for hospitalizations, amputations, or loss of an eye, as required in 1904.39(a)(1)–(2).

  • Include procedures for when you learn about an event late or later learn it was work‑related; follow the timelines in 1904.39(b)(7)–(8).
  • Make sure your staff know to use the OSHA toll‑free number or web app if the Area Office is closed per 1904.39(b)(1).

Under 1904.39(b)(2)(viii), how much detail should I give in the "brief description" of the work-related incident when I report?

Provide a concise summary that describes what happened, the immediate cause or circumstances, and the affected body parts or nature of the injury; this brief description is required by 1904.39(b)(2)(viii).

  • Include enough detail for OSHA to understand the type of incident and whether urgent follow-up may be needed, but avoid including unnecessary medical privacy information beyond names and the basic incident facts required by 1904.39(b)(2).

Under 1904.39, if I use software to generate reporting or recordkeeping forms, will OSHA accept them?

OSHA will accept electronically generated recordkeeping forms if they are equivalent to the OSHA forms and meet the requirements for readability, content, and availability, as explained in OSHA’s Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29 and the recordkeeping provisions in Part 1904. For reporting of fatalities and hospitalizations specifically, use the reporting methods required in 1904.39(a)(3).

  • The Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29 explains when electronic or software‑generated equivalents to OSHA Forms 300/300A/301 are acceptable for recordkeeping and access purposes.