is OSHA supposed to be notified?

is OSHA supposed to be notified or come out and preform and inspection after a major incident, such as an employee catching on fire requiring the fire department's assistance, an ambulance trip to the hospital, a 3 month stay in the hospital, & workman's comp and long term disability claims?

it didn't happened in my case, what gives? is that legal? did they screw up?

Section 17.04 subsection 1 of the act governs the employers responsibility to automatically report an incident on his premises.

The regulations require that within eight hours of the death of any employee from a work related incident or the inpatient hospitalization of three or more employees as a result of a work related incident the employer must report such an occurrence in person or by telephone to the nearest office of the area director by using the OSHA toll free central telephone number This requirement applies to each such fatality or hospitalization of three or more employees occurring within a thirty day of an incident.

Hope this helps

Eric

well it was just me injured, but my workman's comp case worker did some digging and found out that osha was never called! dum da dum dum! i think this one fell through the cracks. and legal recourse or can i just notify osha?

If it was only YOU that was injured, unless YOU died , then the company wouldn't have to report it to OSHA.

I wanted to clarify something posted earlier. While the "general" rule is required reporting of any fatality or 3 or more requiring hospitalization is correct, there are exceptions. These exceptions can be industry and/or equipment specific and are frequently coupled with an OSHA "targeted enforcement area".

For example, any injury involving a mechanical power press that requires any treatment above "basic first aid" is required to be reported to OSHA within a certain time frame. ( I think it's 72 hours but I don't quite recall off the top of my head). This isn't the only exception floating around and it often takes a little digging to find them. (I have a company that called me in for an after the fact consult that has a $5000 cancelled check to OSHA from where they learned this lesson the hard way, the original fine was 20k so we didn't do too bad with the negotiated settlement )

I know I'm a little late here but OP if your still around it may help to know a few more details about your accident.

Also, if you believe that this accident was caused by unsafe conditions and/or an unsafe condition(s) currently exists you have the right to contact OSHA and file an anonymous complaint. OSHA is extraordinarily committed to keeping their sources confidential.

Eng&SafetyMgr wrote:I wanted to clarify something posted earlier. While the "general" rule is required reporting of any fatality or 3 or more requiring hospitalization is correct, there are exceptions. These exceptions can be industry and/or equipment specific and are frequently coupled with an OSHA "targeted enforcement area".

I know I'm a little late here but OP if your still around it may help to know a few more details about your accident.

Also, if you believe that this accident was caused by unsafe conditions and/or an unsafe condition(s) currently exists you have the right to contact OSHA and file an anonymous complaint. OSHA is extraordinarily committed to keeping their sources confidential.

Never to late to post good information Eng&SafetyMgr.
JoeC

I was unaware of special reporting regulations for specific injuries incured on specific machinery.

Thanks for the heads up

Eric

Eric you know Eng&SafetyMgr from a different site. Hopefully our go to guy on the U.P.C, U.B.C, N.E.C, NFPA, as well as OSHA regs.
JoeC

Eng&SafetyMgr wrote:I wanted to clarify something posted earlier. While the "general" rule is required reporting of any fatality or 3 or more requiring hospitalization is correct, there are exceptions. These exceptions can be industry and/or equipment specific and are frequently coupled with an OSHA "targeted enforcement area".

For example, any injury involving a mechanical power press that requires any treatment above "basic first aid" is required to be reported to OSHA within a certain time frame. ( I think it's 72 hours but I don't quite recall off the top of my head). This isn't the only exception floating around and it often takes a little digging to find them. (I have a company that called me in for an after the fact consult that has a $5000 cancelled check to OSHA from where they learned this lesson the hard way, the original fine was 20k so we didn't do too bad with the negotiated settlement )

I know I'm a little late here but OP if your still around it may help to know a few more details about your accident.

Also, if you believe that this accident was caused by unsafe conditions and/or an unsafe condition(s) currently exists you have the right to contact OSHA and file an anonymous complaint. OSHA is extraordinarily committed to keeping their sources confidential.

Hi:
i am the OP. what details of the accident would you like to know?
i will gladly provide them

Without going into any identifying detail, just the basics. Who, what , where, when, why?

Eng&SafetyMgr wrote:I wanted to clarify something posted earlier. While the "general" rule is required reporting of any fatality or 3 or more requiring hospitalization is correct, there are exceptions. These exceptions can be industry and/or equipment specific and are frequently coupled with an OSHA "targeted enforcement area".

Right, as usual. I ordinarily don't ask those because the vast majority of businesses falling into those exceptions know it already

who......me no one else involved or injured although most everyone was in the shop at the time of the accident

what.....fire and me= bad times. using a plasma cutter to cut a hole in a rail, it ignited the firewall insulation of the car, the air was full of bondo dust floating in small particles, fire hits small dust, big whooosh, i am on fire, no available means of fire suppression, 1 fire extinguisher that was not readily available. lots of flammable chemicals readily available though. no training on how to handle/deal with said fire. it was all up to my prior knowledge from fire science classes on how to deal

where....in my shop/former place of employment/pro body shop

when....just over 1 year ago

you can im me if you would like more specific details

OSHA would not have to be notified in this case. I would direct you to seek a competent attorney, however. There are some things in your post that would give your case alot of merit.

thanks!
after lots of searching for an attorney who would take my case, i am seeing one tomarrow morning.......finally!

Good let us know how it goes remember things can get tough look at that whiner minc3. We helped him out he comes back blubbering like a baby then besmirches McGruff on another board.
JoeC

i know it will be a long and drawn out process. now i have the ball rolling, and Lewis & Roca on my side (my uncle WAS one of the senior managing partners of the "local" office, he is now retired)

and as was said "all those scars will look excellent to a jury"

ecurbe wrote:is OSHA supposed to be notified or come out and preform and inspection after a major incident, such as an employee catching on fire requiring the fire department's assistance, an ambulance trip to the hospital, a 3 month stay in the hospital, & workman's comp and long term disability claims?

it didn't happened in my case, what gives? is that legal? did they screw up?

As a prior Occupational health nurse for a major company in California I had a similar experience occur with 2 employees. Of course, it was a recordable incident and did merit contacting OSHA who came out to investigate the next day and for several days thereafter.

I know this is an old post, but I wanted to add this link for worker's who might have experienced an injury that did not receive follow up. In these cases, you might want to report the incident to OSHA yourself:

http://www.osha.gov/as/opa/worker/complain.html