Contractors are responsible for reporting occupational injury and illness under 29 CFR 1904.35. Essentially, this Occupational Safety and Health Administration (OSHA) standard details the processes employers are required to utilize when developing a “reasonable procedure” for reporting work-related injuries and illnesses. Additionally, it provides guidelines for the method in which this information is disseminated to employees and describes employee protections for employers looking to take retaliatory action against employees who suffer from work-related injuries and illnesses.
Violation of 1904.35 (b)(1)(i)
If a contractor does not establish a reasonable procedure that is both punctual and accurate for their employees to report incidences of work-related injuries and illnesses, a Certified Safety and Health Official (CSHO) could issue a citation in violation of 1904.35 (b)(1)(i). Typically, an other-than-serious citation will be issued in this instance and a gravity-based penalty of $5,345 will be charged to the contractor. However, this penalty can be raised as much as $12,471 if the Area Director deems it necessary to deter any future violations. If the CSHO fails to submit the citation within six months of the violation, our OSHA defense lawyers can appeal the violation.
Violation of 1904.35 (b)(1)(ii)
Contractors who fail to inform employees about the necessary protocols for reporting work-related injuries and illnesses can be issued an other-than-serious citation from OSHA under 1904.35(b)(1)(ii). Similar to the previous section, this violation can carry a fine of $5,345 to $12,471 and must be issued within six months of the failed inspection.
Violation of 1904.35 (b)(1)(iii)
Any contractor who doesn’t inform employees about their right to report injuries and illnesses in the workplace without facing retaliation or discrimination from their employer can be issued an other-than-serious citation under 1904.35(b)(1)(iii). This violation also carries a fine of $5,345 to $12,471 and must be issued within six months of the failed inspection.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.