EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Steve P. Rados, Inc. - DAR


An employee was injured at 1 p.m. on a Friday. The foreman took the employee to the hospital and learned that the employee had a broken arm before he left. The employer did not report the injury to the Division until the following Monday morning. A regulatory violation of section 342(a) was upheld by the Board. Doubts about whether to report an injury to the Division should be resolved in favor of reporting. An employer cannot rely on the paramedics to report the injury to the Division. The difficulty of obtaining information from the hospital over the weekend was not an "exigent circumstance." Even if it were, it could only extend the reporting period to 24 hours and the injury was not reported for more than 48 hours. The fact that the Division couldn't investigate the workplace until Monday did not relieve the employer of its duty to report the injury in accordance with section 342(a).

STEVE P. RADOS, INC.   97-R4D1-575
November 22, 2000