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OSHA 1960.70

Reporting serious accidents

Subpart I

19 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.70, what specific information must an agency include in the summary report of each fatal and catastrophic accident investigation?

Under 1960.70, agencies must include a set list of factual and investigative details in each summary report to the Office of Federal Agency Programs. The Requirement in 1960.70 explicitly says the summaries shall address:

  • the date and time of the accident,
  • the agency/establishment named and the location,
  • the consequences (e.g., fatalities, injuries, hospitalizations),
  • a description of the operation and the accident,
  • causal factors,
  • applicable standards and an evaluation of their effectiveness, and
  • agency corrective and preventive actions taken or planned.

See 1960.70 for the full text.

Under 1960.70, to whom must federal agencies send the summary reports of fatal and catastrophic accident investigations?

Under 1960.70, agencies must provide the summary reports to the Office of Federal Agency Programs. The Requirement in 1960.70 states that agencies "must provide the Office of Federal Agency Programs with a summary report of each fatal and catastrophic accident investigation." See 1960.70.

Does 1960.70 replace the requirement to report fatalities and multiple-hospitalization incidents to OSHA under 29 CFR 1904.39?

No — under 1960.70 the agency summary reporting requirement is in addition to the separate OSHA reporting duties under 29 CFR 1904.39. The note to 1960.70 states that its requirements are "in addition to the requirements for reporting fatalities and multiple hospitalization incidents to OSHA under 29 CFR 1904.39." For OSHA's reporting obligations see 1904.39.

Under 1960.70, must the summary report discuss which standards applied and whether they were effective?

Yes — under 1960.70 the summary must identify applicable standards and assess their effectiveness. The Requirement in 1960.70 specifically requires that summaries "address... applicable standards and their effectiveness." See 1960.70.

Under 1960.70, must agencies include corrective and preventive actions in the summary report?

Yes — under 1960.70 the summary report must include agency corrective and preventive actions. The Requirement in 1960.70 requires summaries to address "agency corrective/preventive actions." See 1960.70.

Under 1960.70, is there a required format or a prescribed form for the summary report?

Under 1960.70 the regulation specifies the content that summaries must address but does not prescribe a single required form or format. 1960.70 lists the items the summaries "shall address," but it does not mandate a specific template or file format. Agencies should follow any additional submission or format guidance issued by the Office of Federal Agency Programs or their agency's safety office while ensuring the summary includes the items required by 1960.70.

Can agencies use software-generated or electronic records to prepare the required summaries and related OSHA recordkeeping forms under 1960.70 and Part 1904?

Yes — agencies may use software-generated or electronic records provided they meet the Part 1904 requirements for equivalent forms and make records available as required. OSHA has confirmed that employer-generated electronic forms that are "equivalent" to OSHA Forms 300 and 300A may be used if they meet the requirements in 29 CFR 1904.29 and related recordkeeping provisions; see the Letter of Interpretation "Software-generated OSHA recordkeeping forms" (Apr. 29, 2025) at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29. For clarity, the software output must contain the same information, be as readable and understandable, and be completed per the OSHA instructions so the records satisfy both OSHA recordkeeping obligations and any agency reporting needs under 1960.70.

Under 1960.70, should an agency include accidents that occurred offsite when the employee was traveling for work?

Under 1960.70, agencies should include investigations of fatal and catastrophic accidents that are part of their operations or are work-related, including work travel incidents that meet the work-relatedness rules. The Requirement in 1960.70 requires summaries of each fatal and catastrophic accident investigation. Whether an offsite accident is work-related is determined under the OSHA recordkeeping standards in 29 CFR Part 1904; see the motor vehicle fatality Letter of Interpretation (June 12, 2024) at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-12 for guidance on travel-status work-relatedness. If the incident is work-related under Part 1904, it should be included in the agency's 1960.70 summary.

Under 1960.70, who within an agency is responsible for preparing and sending the summary report to the Office of Federal Agency Programs?

Under 1960.70, the regulation requires agencies themselves to provide the summary reports to the Office of Federal Agency Programs, but it does not name a specific individual or title to prepare them. The Requirement in 1960.70 places the obligation on agencies to provide the summaries; agencies typically assign preparation and submission to their safety office, accident investigation team, or designated occupational safety/health program manager. Agencies should follow internal procedures and any Office of Federal Agency Programs guidance to ensure timely and complete submission consistent with 1960.70.

Under 1960.70, must agencies still report fatalities and multiple-hospitalization incidents directly to OSHA even if they submitted a 1960.70 summary to the Office of Federal Agency Programs?

Yes — agencies must still make any required direct reports to OSHA under 29 CFR 1904.39 even if they have submitted a 1960.70 summary. The note to 1960.70 explicitly says these requirements are "in addition to the requirements for reporting fatalities and multiple hospitalization incidents to OSHA under 29 CFR 1904.39." For OSHA reporting obligations see 1904.39.

Under 1960.70, how should agencies document causal factors in the summary report?

Under 1960.70, agencies must identify and document the causal factors that contributed to the fatal or catastrophic accident in the summary report. The Requirement in 1960.70 requires that summaries "address... causal factors." In practice, that means describing the sequence of events, unsafe conditions or acts, organizational/systemic contributors, equipment or procedural failures, and any human factors identified by the investigation so the Office of Federal Agency Programs can understand root causes and planned corrective actions. See 1960.70.

Under 1960.70, must the summary report include the date and time and the exact location of the accident?

Yes — under 1960.70 the summary report must include the date/time and the agency/establishment name and location. The Requirement in 1960.70 explicitly lists "the date/time of accident" and "agency/establishment named and location" among the items the summaries shall address. See 1960.70.

Under 1960.70, are agencies required to analyze whether existing standards were effective in preventing the accident?

Yes — under 1960.70 agencies must evaluate the applicability and effectiveness of standards in their summary reports. The Requirement in 1960.70 requires summaries to address "applicable standards and their effectiveness," which means the investigation should note whether relevant safety standards, policies, or procedures were followed and whether those requirements were adequate or failed to prevent the accident. See 1960.70.

Under 1960.70, does the agency summary replace the employer’s OSHA Form 300/300A obligations under Part 1904?

No — the 1960.70 agency summary does not replace an employer’s obligations under Part 1904; employers must still maintain and submit OSHA recordkeeping data as required by Part 1904. The note to 1960.70 clarifies that its requirements are in addition to reporting required under 1904.39 and OSHA recordkeeping rules in 29 CFR Part 1904. Employers may use electronic or software-generated equivalent forms for OSHA recordkeeping if those forms meet the equivalency requirements in Part 1904; see the Letter of Interpretation "Software-generated OSHA recordkeeping forms" (Apr. 29, 2025) at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29. See 1960.70 and 1904.

Under 1960.70, should agencies coordinate the timing of their internal investigation and the OSHA-required reports under Part 1904?

Under 1960.70, agencies should coordinate internal investigations and OSHA-required reports, but 1960.70 itself does not set filing timelines for OSHA notification; agencies must meet the separate timelines and reporting methods required by Part 1904. The note to 1960.70 makes clear the 1960.70 summary is an additional requirement. Agencies should therefore ensure they meet OSHA reporting obligations (see 1904.39) while preparing the 1960.70 summary for the Office of Federal Agency Programs.

Under 1960.70, if an agency uses a contractor and a catastrophic accident involves contractor employees, must that incident be included in the agency summary?

Under 1960.70, agencies must provide summaries of each fatal and catastrophic accident investigation related to their operations; if a catastrophic event involving contractor employees occurs in the agency’s workplace or as part of agency operations, the agency should include that incident in its 1960.70 summary. 1960.70 requires agencies to provide summaries of fatal and catastrophic accident investigations to the Office of Federal Agency Programs. Additionally, whether the contractor incident must be reported to OSHA follows the separate recordkeeping and reporting rules in 29 CFR Part 1904 and the reporting provisions in 1904.39.

Under 1960.70, may agencies redact security-sensitive details from the summary report before sending it to the Office of Federal Agency Programs?

Under 1960.70, the regulation does not address redaction or classified information, but agencies must still provide the required content to the Office of Federal Agency Programs; any redaction for security or classification should follow the agency’s own rules and coordination with the Office of Federal Agency Programs. 1960.70 specifies the items summaries must address but does not prescribe handling of classified or security-sensitive material. Agencies should consult their own records and security policies and coordinate with the Office of Federal Agency Programs to ensure the required investigative elements (date/time, location, causal factors, corrective actions, etc.) are provided in a manner consistent with security requirements. See 1960.70.

Under 1960.70, how should agencies handle situations where the accident investigation is ongoing when the summary is due?

Under 1960.70, agencies must still provide a summary report of each fatal or catastrophic accident investigation to the Office of Federal Agency Programs; if the investigation is ongoing, the summary should include the known facts to date and note that the investigation is continuing and that follow-up will be provided when available. The Requirement in 1960.70 requires agencies to provide summaries addressing specific items (date/time, location, description, causal factors, applicable standards, corrective actions). When full conclusions are not yet available, agencies should document interim findings, immediate corrective actions taken, and plans for further follow-up so the Office of Federal Agency Programs receives timely information. See 1960.70.

Under 1960.70, are agencies required to retain copies of the summaries they send to the Office of Federal Agency Programs?

Under 1960.70 the regulation requires agencies to provide summaries to the Office of Federal Agency Programs but does not specify retention periods within the text of the standard; agencies should retain copies in accordance with their internal records retention policies and any applicable federal recordkeeping requirements while also meeting OSHA recordkeeping rules in 29 CFR Part 1904. See 1960.70 and follow agency record retention guidance.