Report A Workplace Fatality, Severe Injury, or Positive Coronavirus Case

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When to Report:

Reporting a Fatality: Virginia Code § 40.1-51.1.D requires all employers, regardless of how many individuals they employ, to report any work related incident resulting in a fatality within eight (8) hours to the Virginia Department of Labor and Industry (DOLI). Medical events i.e. heart attacks are also required to be reported.

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When it Becomes Known: If an employer does not learn of a fatality or catastrophe at the time that it occurs, and the incident would otherwise be reportable to DOLI, the employer is required by law to report the incident within 8 hours of the time that it is made known to any agent or employee of the employer. If an employee dies as a result of the incident, the employer is required to report the death to DOLI within 8 hours of learning of the death.

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Reporting Inpatient Hospitalizations of One or More Persons, Amputations, or Loss of an Eye:  Virginia Code § 40.1-51.1.D also provides that “every employer shall report to the Virginia Department of Labor and Industry within 24 hours any work-related incident resulting in (i) the inpatient hospitalization of one or more persons, (ii) an amputation, or (iii) the loss of an eye, as prescribed in the rules and regulations of the Safety and Health Codes Board.Medical events i.e. heart attacks are also required to be reported.

Reporting COVID-19 positive cases: 16 VAC 25-220-40.B.8.e of the Emergency Temporary Standard, Infectious Disease Prevention:  SARS-CoV-2 Virus That Causes COVID-19 provides that “The employer shall notify the Virginia Department of Labor and Industry within 24 hours of the discovery of three (3) or more employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.”

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How to Report:  

Employers can report by telephone, online or in‑person to the nearest VOSH Regional Office; or through the OSHA toll-free central telephone number, 1-800-321-6742.

Be prepared to supply: Business name; names of employees affected; location and time of the incident, brief description of the incident; contact person and phone number.

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During normal business hours (8:15 A.M. – 4:30 P.M.) an incident should be reported to the closest regional or field office.

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Before or after normal business hours or on weekends and holidays, incidents can be reported by calling the appropriate cell phone or pager number for the nearest office. If unable to reach the local phone numbers or pagers, the State Police Duty Sergeant in Richmond, VA should be contacted at 804 674-2026.