Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-03 - Occupational Safety and Health Record-keeping and Reporting
Section 0800-01-03-.05 - REPORTING FATALITY, INJURY AND ILLNESS INFORMATION

Universal Citation: TN Comp Rules and Regs 0800-01-03-.05

Current through September 24, 2024

(1) Reporting fatalities and multiple hospitalization incidents to TOSHA.

(a) Basic requirement.
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 TOSHA Division of the Tennessee Department of Labor and Workforce Development.

2. Within twenty-four (24) hours after the in-patient hospitalization of one or more employees, 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 TOSHA.

3. You must report the fatality, in-patient hospitalization, amputation, or loss of an eye using one of the following methods:
(i) By telephone or in person to the TOSHA Area Office that is nearest to the site of the incident.

(ii) By telephone to the TOSHA toll-free central telephone number, 1-800-249-8510.

(iii) By electronic submission using the reporting application located on OSHA's public website at www.osha.gov.

(b) Implementation.
1. If the Area Office is closed, may I report the fatality, in-patient hospitalization, amputation, or loss of an eye by leaving a message on TOSHA's answering machine, faxing the Area Office, or sending an e-mail? No, if the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either the 800 number or the reporting application located on OSHA's public website at www.osha.gov.

2. What information do I need to give to TOSHA about the in-patient hospitalization, amputation, or loss of an eye? You must give TOSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye:
(i) The establishment name;

(ii) The location of the work-related incident;

(iii) The time of the work-related incident;

(iv) The type of reportable event (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye);

(v) The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;

(vi) The names of the employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;

(vii) Your contact person and his or her phone number; and

(viii) A brief description of the work-related incident.

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 TOSHA. 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 TOSHA 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.

5. Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local TOSHA Area Office supervisor will decide whether to investigate the event, depending on the circumstances of the heart attack.

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 TOSHA 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 TOSHA 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 TOSHA 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 TOSHA 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 TOSHA define "in-patient hospitalization"? TOSHA 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 TOSHA each in-patient hospitalization that involves care or treatment.

11. How does TOSHA 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.

(2) Providing records to government representatives.

(a) Basic requirement. When an authorized government representative asks for the records you keep under this rule, you must provide copies of the records within four (4) business hours.

(b) Implementation.
1. What government representatives have the right to get copies of my injury and illness records? The government representatives authorized to receive the records are:
(i) A representative of the Commissioner of Labor and Workforce Development conducting an inspection or investigation under the Act;

(ii) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health - NIOSH) conducting an investigation under Section 20(b) of the Occupational Safety and Health Act of 1970, as amended.

2. Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone? TOSHA will consider your response to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline.

(3) Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA.

(a) Basic requirements.
1. Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses.
(i) If your establishment had 20 or more but fewer than 250 (20-249) employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Appendix A Rule 0800-01-03-.05, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.

(ii) If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.

2. Annual electronic submission of information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by establishments with 100 or more employees in designated industries. If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Appendix B to Rule 0800-01-03-.05, then you must electronically submit information from OSHA Forms 300 and 301 to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms.

3. Electronic submission of 0800-01-03 records upon notification. Upon notification, you must electronically submit the requested information from your 0800-01-03 records to OSHA or OSHA's designee.

4. Electronic submission of the Employer Identification Number (EIN). For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment.

(b) Implementation.
1. Does every employer have to routinely make an annual electronic submission of information from Rule 0800-01-03 injury and illness recordkeeping forms to OSHA? No, only three categories of employers must routinely submit information from these forms. The first category is establishments that had 20-249 employees at any time during the previous calendar year and are classified in an industry listed in Appendix A to this subpart; establishments in this category must submit the required information from Form 300A to OSHA once a year. The second category is establishments that had 250 or more employees at any time during the previous calendar year and are required by this part to keep records; establishments in this category must submit the required information from Form 300A to OSHA once a year. The third category is establishments that had 100 or more employees at any time during the previous calendar year and are classified in an industry listed in Appendix B to this subpart; establishments in this category must also submit the required information from Forms 300 and 301 to OSHA once a year, in addition to the required information from Form 300A. Employers in these three categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2024 for the 2023 form(s)). If your establishment is not in any of these three categories, then you must submit the information to OSHA only if OSHA notifies you to do so for an individual data collection.

2. Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section? Yes, each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.

3. How will OSHA notify me that I must submit information as part of an individual data collection under paragraph (a)3. of this section? OSHA will notify you by mail if you will have to submit information as part of an individual data collection under paragraph (a)3. OSHA will also announce individual data collections through publication in the Federal Register and the OSHA newsletter, and announcements on the OSHA website. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal.

4 When do I have to submit the information? If you are required to submit information under paragraph (a)1. or 2. of this section, then you must submit the information once a year, by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2019 for the 2018 form). If you are submitting information because OSHA notified you to submit information as part of an individual data collection under paragraph (a)3. of this section, then you must submit the information as specified in the notification.

5. How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under paragraph (a)3. of this section, OSHA will include the website's location in the notification for the data collection.

6. Do I have to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under 0800-01-03-.02(2) and/or 0800-01-03-.02(3), then you do not have to routinely submit information under paragraphs (a)1. and 2. of this section. You will have to submit information under paragraph (a)3. of this section if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this part and submit information as directed.

7. Do I have to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States.

8. May an enterprise or corporate office electronically submit information for its establishment(s)? Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a) of this section, then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).

9. If I have to submit information under paragraph (a)2. of this section, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following:
(i) From the Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name (column B).

(ii) From the Injury and Illness Incident Report (OSHA Form 301): Employee name (field 1), employee address (field 2), name of physician or other health care professional (field 6), facility name and address if treatment was given away from the worksite (field 7).

10. My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name.

(c) Reporting dates. Establishments that are required to submit under paragraph (3)(a)1. or 2. of this section must submit all of the required information by March 2 of the year after the calendar year covered by the form(s) (for example, by March 2, 2024, for the forms covering 2023).
1. In 2017 and 2018, establishments required to submit under paragraph (3)(a)1. or 2. of this rule must submit the required information according to the table in this paragraph (3)(c)1.:

Submission Year

Establishments submitting under paragraph (3)(a)1. of this rule must submit the required information from this form/these forms

Establishments submitting under paragraph (3)(a)2. of this rule must submit the required information from this form:

Submission deadline

2017

300A

300A

July 1, 2017

2018

300A, 300, 301

300A

July 1, 2018

2. Beginning in 2019, establishments that are required to submit under paragraph (3)(a)1. or 2. of this rule will have to submit all of the required information by March 2 of the year after the calendar year covered by the form or forms (for example, by March 2, 2019, for the forms covering 2018).

Appendix A to 0800-01-03-.05 - Designated Industries for 0800-01-03-.05(3)(a)1.(i) Annual Electronic Submission of Information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20-249 Employees in Designated Industries

NAICS

Industry

11

Agriculture, forestry, fishing and hunting.

22

Utilities.

23

Construction.

31-33

Manufacturing.

42

Wholesale trade.

4413

Automotive parts, accessories, and tire stores.

4421

Furniture stores.

4422

Home furnishings stores.

4441

Building material and supplies dealers.

4442

Lawn and garden equipment and supplies stores.

4451

Grocery stores.

4452

Specialty food stores.

4522

Department stores.

4523

General Merchandise Stores, including Warehouse Clubs and Supercenters.

4533

Used merchandise stores.

4542

Vending machine operators.

4543

Direct selling establishments.

4811

Scheduled air transportation.

4841

General freight trucking.

4842

Specialized freight trucking.

4851

Urban transit systems.

4852

Interurban and rural bus transportation.

4853

Taxi and limousine service.

4854

School and employee bus transportation.

4855

Charter bus industry.

4859

Other transit and ground passenger transportation.

4871

Scenic and sightseeing transportation, land.

4881

Support activities for air transportation.

4882

Support activities for rail transportation.

4883

Support activities for water transportation.

4884

Support activities for road transportation.

4889

Other support activities for transportation.

4911

Postal service.

4921

Couriers and express delivery services.

4922

Local messengers and local delivery.

4931

Warehousing and storage.

5152

Cable and other subscription programming.

5311

Lessors of real estate.

5321

Automotive equipment rental and leasing.

5322

Consumer goods rental.

5323

General rental centers.

5617

Services to buildings and dwellings.

5621

Waste collection.

5622

Waste treatment and disposal.

5629

Remediation and other waste management services.

6219

Other ambulatory health care services.

6221

General medical and surgical hospitals.

6222

Psychiatric and substance abuse hospitals.

6223

Specialty (except psychiatric and substance abuse) hospitals.

6231

Nursing care facilities.

6232

Residential Intellectual and Developmental Disability, mental health, and substance abuse facilities.

6233

Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly.

6239

Other residential care facilities.

6242

Community food and housing, and emergency and other relief services.

6243

Vocational rehabilitation services.

7111

Performing arts companies.

7112

Spectator sports.

7121

Museums, historical sites, and similar institutions.

7131

Amusement parks and arcades.

7132

Gambling industries.

7211

Traveler accommodation.

7212

RV (recreational vehicle) parks and recreational camps.

7223

Special food services.

8113

Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance.

8123

Dry-cleaning and laundry services.

Appendix B to Rule 0800-01-03-.05 - Designated Industries for 0800-01-03-.05(3)(a)2. Annual Electronic Submission of Information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by Establishments With 100 or More Employees in Designated Industries.

NAICS

Industry

1111

Oilseed and Grain Farming

1112

Vegetable and Melon Farming

1113

Fruit and Tree Nut Farming

1114

Greenhouse, Nursery, and Floriculture Production

1119

Other Crop Farming

1121

Cattle Ranching and Farming

1122

Hog and Pig Farming

1123

Poultry and Egg Production

1129

Other Animal Production

1133

Logging

1141

Fishing

1142

Hunting and Trapping

1151

Support Activities for Crop Production

1152

Support Activities for Animal Production

1153

Support Activities for Forestry

2213

Water, Sewage and Other Systems

2381

Foundation, Structure, and Building Exterior Contractors

3111

Animal Food Manufacturing

3113

Sugar and Confectionery Product Manufacturing

3114

Fruit and Vegetable Preserving and Specialty Food Manufacturing

3115

Dairy Product Manufacturing

3116

Animal Slaughtering and Processing

3117

Seafood Product Preparation and Packaging

3118

Bakeries and Tortilla Manufacturing

3119

Other Food Manufacturing

3121

Beverage Manufacturing

3161

Leather and Hide Tanning and Finishing

3162

Footwear Manufacturing

3211

Sawmills and Wood Preservation

3212

Veneer, Plywood, and Engineered Wood Product Manufacturing

3219

Other Wood Product Manufacturing

3261

Plastics Product Manufacturing

3262

Rubber Product Manufacturing

3271

Clay Product and Refractory Manufacturing

3272

Glass and Glass Product Manufacturing

3273

Cement and Concrete Product Manufacturing

3279

Other Nonmetallic Mineral Product Manufacturing

3312

Steel Product Manufacturing from Purchased Steel

3314

Nonferrous Metal (except Aluminum) Production and Processing

3315

Foundries

3321

Forging and Stamping

3323

Architectural and Structural Metals Manufacturing

3324

Boiler, Tank, and Shipping Container Manufacturing

3325

Hardware Manufacturing

3326

Spring and Wire Product Manufacturing

3327

Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing

3328

Coating, Engraving, Heat Treating, and Allied Activities

3331

Agriculture, Construction, and Mining Machinery Manufacturing

3335

Metalworking Machinery Manufacturing

3361

Motor Vehicle Manufacturing

3362

Motor Vehicle Body and Trailer Manufacturing

3363

Motor Vehicle Parts Manufacturing

3366

Ship and Boat Building

3371

Household and Institutional Furniture and Kitchen Cabinet Manufacturing

3372

Office Furniture (including Fixtures) Manufacturing

3379

Other Furniture Related Product Manufacturing

4231

Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers

4233

Lumber and Other Construction Materials Merchant Wholesalers

4235

Metal and Mineral (except Petroleum) Merchant Wholesalers

4239

Miscellaneous Durable Goods Merchant Wholesalers

4244

Grocery and Related Product Merchant Wholesalers

4248

Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers

4413

Automotive Parts, Accessories, and Tire Stores

4422

Home Furnishings Stores

4441

Building Material and Supplies Dealers

4442

Lawn and Garden Equipment and Supplies Stores

4451

Grocery Stores

4522

Department Stores

4523

General Merchandise Stores, including Warehouse Clubs and Supercenters

4533

Used Merchandise Stores

4543

Direct Selling Establishments

4811

Scheduled Air Transportation

4841

General Freight Trucking

4842

Specialized Freight Trucking

4851

Urban Transit Systems

4852

Interurban and Rural Bus Transportation

4853

Taxi and Limousine Service

4854

School and Employee Bus Transportation

4859

Other Transit and Ground Passenger Transportation

4871

Scenic and Sightseeing Transportation, Land

4881

Support Activities for Air Transportation

4883

Support Activities for Water Transportation

4889

Other Support Activities for Transportation

4911

Postal Service

4921

Couriers and Express Delivery Services

4931

Warehousing and Storage

5322

Consumer Goods Rental

5621

Waste Collection

5622

Waste Treatment and Disposal

6219

Other Ambulatory Health Care Services

6221

General Medical and Surgical Hospitals

6222

Psychiatric and Substance Abuse Hospitals

6223

Specialty (except Psychiatric and Substance Abuse) Hospitals

6231

Nursing Care Facilities (Skilled Nursing Facilities)

6232

Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities

6233

Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly

6239

Other Residential Care Facilities

6243

Vocational Rehabilitation Services

7111

Performing Arts Companies

7112

Spectator Sports

7131

Amusement Parks and Arcades

7211

Traveler Accommodation

7212

RV (Recreational Vehicle) Parks and Recreational Camps

7223

Special Food Services

Authority: T.C.A. §§ 4-3-1411, 50-3-201, 50-3-701, and 50-3-917.

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