OSHA Rules for Recording Accidents at Work

The Occupational Safety and Health Administration (OSHA) is one of the most important establishments in the history of the United States. Since its creation in 1970, OSHA has played a significant role in lowering the death rate for American workers from about 38 to approximately 15 a day over the last four decades.

However, with only a few thousand workers, OSHA is not able to inspect every workplace in America. To help maintain accountability, the administration requires employers to maintain accurate records of injuries and illnesses suffered by their employees. Employers must not only document work-related injuries, illnesses, and deaths but must also report them to OSHA in certain cases.

When Does an Employer Need to Report Injuries & Illness?

Most employers with more than 10 employees must keep a record of any serious injury, death, or illness sustained by employees. If an injury is minor and only requires on-site first aid, then it does not typically need to be reported.

Under OSHA regulations, employers must report:

  • Fatalities
  • Injuries resulting in a loss of consciousness
  • Injuries that cause workers to miss work
  • Injuries that cause work restrictions or a change of jobs
  • Any diagnoses of cancer or other serious diseases
  • Broken, fractured, or cracked bones or teeth
  • Punctured eardrums
  • Incidents involving needle-sticks, medical removal, hearing loss, or tuberculosis
  • Any injury that requires more care than basic first aid

How Long Should Records Be Maintained & When Should They Be Reported?

Employers should maintain workplace accident records for at least five years. Between February and April of each year, OSHA requires employers to post a summary of injuries for review by employees. To create their reports, employers should use OSHA forms 300, 300A, or 301. Employers must update these records, even if they learn of an illness or injury years after it happens.

Notably, employers should post a 300A form even if no employees suffered injuries while working during a given year. OSHA requires employers in high-risk injuries to electronically submit their injury and illness reports.

Why Reporting Workplace Accidents Matters

When a serious workplace accident happens, reporting it to OSHA isn’t just a regulatory obligation. It’s a matter of accountability, transparency, and worker safety. OSHA exists to enforce safety standards and protect workers across every industry. Reporting an incident gives injured employees a voice, brings dangerous conditions to light, and puts negligent employers under scrutiny.

Holding Employers Accountable

Employers have a legal duty to maintain a safe work environment. When accidents go unreported, unsafe practices and hazards often continue unchecked. Reporting serious injuries or fatalities to OSHA ensures that employers are held accountable for their role in a dangerous incident. It may prompt an investigation, trigger fines or citations, and—most importantly—compel the employer to make necessary safety improvements.

Without these reports, negligent employers may continue cutting corners, exposing other workers to the same risks. OSHA relies on accurate reporting to identify patterns, track high-risk worksites, and prioritize enforcement actions where they're needed most.

Protecting Workers, Now & in the Future

An OSHA report does more than just document what happened. It sets into motion the regulatory oversight needed to correct systemic issues. By alerting OSHA to serious workplace injuries, workers help ensure their employer is complying with federal safety standards and taking steps to prevent future incidents.

This reporting also serves to protect the injured worker. When OSHA becomes involved, workers gain an additional layer of protection against retaliation, intimidation, or cover-ups. Federal law prohibits employers from punishing employees for reporting injuries or safety concerns, and OSHA can step in if those rights are violated.

Enabling Industry-Wide Safety Improvements

OSHA doesn’t just respond to individual reports; it also uses the data to spot broader trends across industries and regions. Reporting accidents contributes to a national database that informs rulemaking, improves training standards, and helps develop new safety protocols that benefit workers across the country.

Accurate reporting helps OSHA understand where, how, and why injuries are happening—information that can ultimately save lives.

What Happens After an OSHA Report Is Filed?

Once a serious injury, fatality, or hazardous incident is reported, OSHA may take several actions to investigate and enforce safety standards.

Potential Inspection

After receiving a report, OSHA evaluates whether an on-site inspection is necessary. In cases involving fatalities, hospitalizations, amputations, or other catastrophic injuries, an inspection is often triggered automatically. OSHA investigators may visit the job site, review records, interview employees, and assess the conditions that led to the reported incident.

These inspections are designed to uncover safety violations, determine whether proper protocols were followed, and ensure the workplace complies with federal safety regulations. If hazards are found, OSHA may require immediate corrective action.

Corrective Actions or Citations

If OSHA finds that the employer violated safety standards, the agency can issue citations and propose financial penalties. These citations often come with mandatory corrective measures, such as fixing equipment, updating safety protocols, providing additional training, or making structural changes to the work environment.

In more serious cases, especially those involving willful or repeated violations, OSHA penalties can be severe and may even lead to criminal charges if employer negligence caused a fatality.

Worker Protections During OSHA Investigations

Throughout the investigation process, OSHA protects the rights of workers who were injured or who participate in the investigation. Employees are encouraged to speak openly with inspectors, share concerns, and report additional hazards without fear of punishment.

OSHA regulations prohibit employers from interfering with investigations or retaliating against workers for cooperating with the agency. This includes firing, demoting, harassing, threatening, or otherwise penalizing an employee for speaking up.

Workers Have the Right to Report Without Fear

It’s important for all workers to understand that reporting injuries or safety concerns—either to their employer or directly to OSHA—is a protected right under federal law. Retaliation for reporting an injury is not only unethical. It’s illegal.

If an employer tries to silence or punish an injured worker for triggering an OSHA report, the worker has the right to file a whistleblower complaint. OSHA investigates these claims separately and can order reinstatement, back pay, and other remedies if retaliation is confirmed.

What Injured Workers Should Know

After a workplace accident, you may feel overwhelmed, uncertain, or even pressured to stay quiet. But the truth is you have rights, no matter what your employer says. And those rights are protected under federal law.

Whether your injury was reported properly or not, you are entitled to medical care, a safe workplace, and freedom from retaliation. Don’t let your employer (or anyone else) convince you otherwise.

You Can File a Complaint with OSHA

If your employer fails to report your injury to OSHA as required, you can take action yourself. Workers have the right to file a complaint directly with OSHA if they believe their employer is ignoring reporting obligations, hiding unsafe conditions, or retaliating against employees who speak up.

Filing a complaint helps hold your employer accountable and can trigger an OSHA inspection. You can also report safety concerns confidentially, without putting your job at risk.

Here’s what every injured worker can (and should) do:

  • Document everything – Write down the date, time, and details of your injury. Note any conversations with your employer, supervisors, or coworkers about the incident. Try to have all communications in writing (emails, text messages, etc.).
  • Seek medical attention immediately – Don’t delay treatment, even if your employer tells you it’s not necessary. A medical record is critical both for your health and for any future legal claim.
  • Contact a qualified attorney – Navigating a workplace injury claim can be complex, especially if your employer is uncooperative. Speaking with an experienced personal injury attorney can help you understand your rights, build a strong case, and pursue the compensation you deserve.

At Arnold & Itkin, we’ve seen too many cases where employers failed to report injuries, denied responsibility, or retaliated against workers for doing the right thing. That’s not just wrong. It’s illegal.

If you’ve been injured at work and don’t know where to turn, we’re here to help. You deserve to have your losses compensated by your employer's insurance policy, and we're the firm that has a track record for making that happen.

Call (888) 493-1629 today.

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