Two deadlines
29 CFR 1904.39(a) sets how fast an employer must report to OSHA:
- Fatality, (a)(1): within 8 hours after the death.
- In-patient hospitalization, amputation or loss of an eye, (a)(2): within 24 hours.
An amputated finger is an amputation: report within 24 hours.
Trap: swapping the two deadlines is the common error. 8 hours is for deaths only. 12 hours, 72 hours and 7 days are not deadlines in the rule.
Two occurrence windows
1904.39(b)(6) limits which events are reportable at all:
- A fatality is reportable only if it occurs within 30 days of the work-related incident.
- A hospitalization, amputation or eye loss is reportable only if it occurs within 24 hours of the incident.
An event outside its window is not reported under 1904.39, but it must still be recorded on the OSHA injury and illness records where records are required.
Trap: the 30 days is an occurrence window, not a reporting deadline.
Applying the windows
- A worker admitted as an in-patient three days after the incident: outside the 24-hour window. No report under 1904.39; record it where records are required.
- A worker who dies 20 days after the incident: inside the 30-day window. Report within 8 hours after the death. 24 hours after the death is the hospitalization deadline.
When the clock starts
1904.39(b)(7)-(b)(8): the reporting clock starts when the employer or its agent learns of the event, or learns that it was work-related.
Example: a worker is admitted Monday at 10:00 a.m., within hours of an accident. The employer learns it was work-related Wednesday at 9:00 a.m. Hospitalization gets 24 hours: Wednesday 9:00 a.m. + 24 hours = Thursday 9:00 a.m.
- Tuesday at 10:00 a.m. counts from the admission, before the employer knew.
- Monday at 6:00 p.m. applies the 8-hour fatality deadline from the admission.
- Wednesday at 5:00 p.m. applies the 8-hour fatality deadline from when the employer learned; this is a hospitalization, so it gets 24 hours.