OSHA Recordkeeping and Reporting Guidance for Employers, Part III: Reporting Fatalities, In-Patient Hospitalizations, Amputations, and the Loss of an Eye

The federal Occupational Safety and Health Administration (OSHA) requires employers to report any work‑related fatality within eight hours of learning of the death and to report any in‑patient hospitalization, amputation, or loss of an eye within twenty‑four hours of learning of the outcome. An in‑patient hospitalization is a formal admission to the in‑patient service of a hospital or clinic for care or treatment and excludes admissions to the emergency department only or admissions solely for observation or diagnostic testing. An amputation is the traumatic loss of a limb or other external body part, including fingertip amputations, with or without bone loss, and medical amputations resulting from irreparable damage, and excludes certain avulsions and similar conditions. If the employer does not learn of a reportable outcome immediately, the reporting clock begins when the employer knows or reasonably should know of the outcome.

Quick Hits

• Employers must report any work-related fatality within eight hours and any in-patient hospitalization, amputation, or loss of an eye within twenty-four hours of learning of the outcome, with specific exclusions for incidents occurring beyond certain time frames.
• Employers can report incidents to OSHA via the nearest area office, OSHA’s 24/7 toll-free number, or the Serious Event Reporting portal, ensuring all required details are included, and the scene is secured to prevent further harm.
• Certain high-hazard establishments with one hundred or more employees must submit case-level data from Forms 300 and 301 to OSHA, in addition to Form 300A, and should verify coverage annually using OSHA’s tools.

Two time‑limit exclusions are important and often misunderstood. Employers are not required to report a fatality that occurs more than thirty days after the work‑related incident or exposure. Employers are not required to report an in‑patient hospitalization, amputation, or loss of an eye that occurs more than twenty‑four hours after the work‑related incident or exposure. Incidents arising from motor vehicle accidents on public streets or highways or on public transportation systems are not reportable unless they occur in construction work zones. Regardless of reportability, recordability on the OSHA 300 Log depends on the recordkeeping criteria described in Part I, and employers must still record qualifying cases and update the Log as outcomes change.

Employers may report by contacting the nearest area office during business hours, calling OSHA’s 24/7 toll‑free number (800-321-OSHA), or submitting the report through OSHA’s Serious Event Reporting portal. Leaving a voicemail, sending a fax, or emailing a local office does not satisfy the reporting requirement if the office is closed. The report should include the establishment name, the location and time of the incident, the number and names of affected employees, a concise description of the incident, and the name and telephone number of a knowledgeable contact at the facility. Employers should secure the scene to preserve relevant evidence and prevent further harm while ensuring imminent hazards are abated promptly.

Reporting dovetails with recordkeeping and employee protections. Reporting a severe event triggers neither a presumption of a violation nor a waiver of recordkeeping duties; the employer must still evaluate work‑relatedness and recordability, prepare the Form 301, and make or update the Log entry within seven days. If a case later results in death within thirty days of the incident, the employer must both update the Log to reflect the fatality and ensure the eight‑hour reporting requirement was met upon learning of the death. Employers may use a workers’ compensation first report as an OSHA 301 equivalent if it captures all required information and is completed using OSHA’s instructions. Throughout, employers must maintain reasonable, non-retaliatory procedures for injury and illness reporting and ensure that incentive programs and post‑incident drug testing do not deter reporting.

State plans may impose additional or different reporting triggers, definitions, and timelines. For example, California requires immediate reporting, defined as “as soon as practically possible but no later than eight hours after the employer knows or with diligent inquiry would have known,” for serious injuries or illnesses and deaths, and defines serious injury to include in‑patient hospitalization for care or treatment, amputations, loss of an eye, or serious permanent disfigurement. Multi‑state employers should maintain a state‑by‑state matrix in their incident response plans that identifies definitions, timelines, and reporting channels, and they should rehearse both federal and state workflows so they can be executed reliably at any hour.

Key 2024–2025 Developments and Practical Watchpoints

Electronic submission obligations expanded for certain high‑hazard establishments with one hundred or more employees, beginning with 2023 data due March 2, 2024, and this requirement continues annually. These establishments must submit case‑level data from Forms 300 and 301 to OSHA, in addition to the Form 300A. OSHA’s coverage is defined by NAICS‑based industry lists and establishment‑size thresholds that can change over time, and OSHA has indicated it will make certain submitted data publicly available in de‑identified form. Employers may therefore want to confirm coverage each January using OSHA’s official tools, verify NAICS alignment after reorganizations, and implement quality checks that ensure narrative fields and other data elements are accurate, objective, and free of unnecessary personal details.

OSHA continues to emphasize the anti‑retaliation provisions embedded in the recordkeeping rule. OSHA prohibits recordkeeping procedures that are unreasonable or otherwise deter reporting. In hybrid and remote work arrangements, OSHA’s home‑office guidance requires recording injuries and illnesses directly related to the performance of work for pay in the home rather than those arising from the general home environment. Finally, because state‑plan definitions and timelines can change, state recordkeeping requirements and serious‑injury reporting may be different than federal OSHA requirements.

Employers that apply OSHA’s recordkeeping decision framework consistently, distinguish first aid from medical treatment using OSHA’s exclusive list, count days away and restricted duty correctly, and protect privacy where required will meet the regulation’s core expectations. They will also post accurate 300A summaries, retain records for five years, submit required electronic data by March 2, and report severe incidents within OSHA’s eight‑hour and twenty‑four‑hour windows. The principal update since the original draft is the expansion of electronic submission to include case‑level 300 and 301 data for certain high‑hazard establishments with one hundred or more employees. Because coverage depends on NAICS codes and establishment size and may be updated over time—and because state‑plan rules can be more stringent—employers may want to verify applicability each January and incorporate jurisdictional specifics into incident response playbooks. Those targeted verifications will both confirm current duties and sharpen compliance readiness for the next recordkeeping year.

Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments and provide updates on the Workplace Safety and Health blog as additional information becomes available.

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