When must an employer report an injury to OSHA?
An employer must report a work-related death to OSHA within eight hours, and a work-related in-patient hospitalization, amputation or loss of an eye within twenty-four hours. Time limits and exceptions apply, listed below.
By Cairn. Updated . Sources: eCFR text as of October 27, 2026.
Key conditions
- A death is reportable only if it happens within 30 days of the work-related incident. A hospitalization, amputation or loss of an eye is reportable only if it happens within 24 hours of the incident. (29 CFR 1904.39(b)(6))
- If the employer does not learn of the event, or that it was work-related, right away, the 8-hour or 24-hour period starts when the employer or its agent learns of it. (29 CFR 1904.39(b)(7) and (b)(8))
- An in-patient hospitalization is a formal admission to the in-patient service of a hospital or clinic for care or treatment. A hospitalization for observation or diagnostic testing only is not reportable. (29 CFR 1904.39(b)(9) and (b)(10))
- An amputation is the traumatic loss of a limb or other external body part. (29 CFR 1904.39(b)(11))
- A fatality, hospitalization, amputation or loss of an eye that results from a motor vehicle accident on a public street or highway, outside a construction work zone, does not have to be reported to OSHA. It must still be recorded on the employer's injury and illness records if the employer is required to keep them. (29 CFR 1904.39(b)(3))
- A fatality, hospitalization, amputation or loss of an eye that occurs on a commercial or public transportation system, such as an airplane, train, subway or bus, does not have to be reported to OSHA. It must still be recorded in the same way. (29 CFR 1904.39(b)(4))
What the rule says
“(1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.
(2) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.”
“(3) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? If the motor vehicle accident occurred in a construction work zone, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.
(4) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? No, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.
(6) What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? You must only report a fatality to OSHA if the fatality occurs within thirty (30) days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if it occurs within twenty-four (24) hours of the work-related incident. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.
(7) What if I don't learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away? If you do not learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes place, you must make the report to OSHA within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s): Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye.
(8) What if I don't learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident? If you do not learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to OSHA within the following time period after you or any of your agent(s) learn that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident: Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye.
(9) How does OSHA define “in-patient hospitalization”? OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment.
(10) Do I have to report an in-patient hospitalization that involves only observation or diagnostic testing? No, you do not have to report an in-patient hospitalization that involves only observation or diagnostic testing. You must only report to OSHA each in-patient hospitalization that involves care or treatment.
(11) How does OSHA define “amputation”? An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.”
Selected paragraphs of 29 CFR 1904.39(b), in order. Paragraphs (1), (2) and (5) are not quoted.
Where it applies
- 29 CFR 1904.39, Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA 15 paragraphs use the term. Read the text on eCFR.
In the enforcement record
Federal and state-plan agencies issued 10,296 cited violations under 29 CFR 1904.39, Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA, from January 2016 through September 10, 2026. The section ranks 26th among the 248 sections of 29 CFR cited at least 50 times. This is the count for the whole section, not for the term alone.
Cairn data, October 2026 snapshot.
See the full record for 29 CFR 1904.39Sources
- 29 CFR 1904.39, Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA. eCFR, text as of October 27, 2026.
- Cairn data, October 2026 snapshot. Cairn analysis of the OSHA enforcement record.
Written by Cairn, updated . The quoted text is copied from the sources above. A test compares each quotation with a stored copy of the source, and a separate script compares that copy with the live sources. This page explains the law and is not legal advice.