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OSHA interpretation · 1995-10-17

Guidance for reporting work related fatalities and catastrophes which occur during over-the-road operations.

OSHA’s standing caveat

Interpretation letters explain existing requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Enforcement guidance may be affected by later changes to OSHA rules, and a letter addresses the facts it was given — not necessarily yours.

October 17, 1995 Stuart Flatow Occupational Health Specialist American Trucking Associations 2200 Mill Road Alexandria, Virginia 22314-4677 Dear Mr. Flatow: Thank you for your letter dated September 14, requesting guidance for reporting work related fatalities and catastrophes which occur during over-the-road operations. All employers are required to report accidents resulting in one or more fatalities or the in-patient hospitalization of three or more employees by Title 29 of the Code of Federal Regulations Part 1904.8 of the recordkeeping requirements (enclosed). The reporting and recording requirements of the Department of Transportation do not exempt the employer from complying with the OSHA fatality/catastrophe reporting and injury and illness recording requirements (see page 8, Q&A F-1 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses , enclosed). Please also be aware that small employers (with 10 or fewer employees in the previous calendar year) and employers in low-hazard industries who are normally exempt from the recordkeeping requirements must still comply with the fatality/catastrophe reporting requirements. I hope you find this information useful. If you have any other questions, please contact us at Area Code (202) 219-6463. Please note the addendum in the enclosed Bluebook, and that copies are available for sale from the Government Printing Office. Sincerely, Bob Whitmore Chief Division of Recordkeeping Requirements

Reproduced verbatim from osha.gov. US Government work, public domain (17 U.S.C. § 105).

Other letters on the same sections

Deciding a case of your own?

The free recordability check works through Part 1904 in the order the regulation sets out and quotes the provision behind every step.

Check a case — free

Not legal advice. This page republishes 29 CFR Part 1904 as published by the eCFR and explains it. The recordkeeping duty is the employer’s. Where the rule requires judgement, Job13 says so rather than guessing — run your own case through the free check.