33 U.S.C. § 930: Reports to Secretary

Summary

Employers must send a report to the Secretary within ten days after an injury that causes the loss of one or more shifts, or after a death, or after they learn a disease or infection is linked to the injury. The report must name the employer and employee (with addresses and the employer’s business and the employee’s job), describe the cause and nature of the injury or death, give the exact year, month, day, hour and place it happened, and include any other information the Secretary asks for. A copy must also go to the deputy commissioner in the compensation district where the injury happened. Employers must keep a record of every injury, even if no shifts were lost. The Secretary can require other follow-up reports. Sending the reports by mail in a stamped envelope on time meets the rule. Reports sent under these rules cannot be used as proof of the facts in any legal proceeding about the injury or death. Any employer, insurance carrier, or self-insured employer who knowingly and willfully fails to file a required report or makes a false statement can be fined up to $10,000 for each violation. If the employer or carrier knew about the injury or death but did not file the report, the time limits in subsection (a) of section 913 of this title do not start until the report is filed.

Title 33, §930

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(a)Time for sending; contents; copy to deputy commissioner

Within ten days from the date of any injury, which causes loss of one or more shifts of work, or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, the employer shall send to the Secretary a report setting forth (1) the name, address, and business of the employer; (2) the name, address, and occupation of the employee; (3) the cause and nature of the injury or death; (4) the year, month, day, and hour when and the particular locality where the injury or death occurred; and (5) such other information as the Secretary may require. A copy of such report shall be sent at the same time to the deputy commissioner in the compensation district in which the injury occurred. Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.

(b)Additional reports

Additional reports in respect of such injury and of the condition of such employee shall be sent by the employer to the Secretary and to such deputy commissioner at such times and in such manner as the Secretary may prescribe.

(c)Use as evidence

Any report provided for in subsection (a) or (b) shall not be evidence of any fact stated in such report in any proceeding in respect of such injury or death on account of which the report is made.

(d)Compliance by mailing

The mailing of any such report and copy in a stamped envelope, within the time prescribed in subsections (a) or (b), to the Secretary and deputy commissioner, respectively, shall be a compliance with this section.

(e)Penalty for failure or refusal to send report

Any employer, insurance carrier, or self-insured employer who knowingly and willfully fails or refuses to send any report required by this section or knowingly or willfully makes a false statement or misrepresentation in any such report shall be subject to a civil penalty not to exceed $10,000 for each such failure, refusal, false statement, or misrepresentation.

(f)Tolling provision

Where the employer or the carrier has been given notice, or the employer (or his agent in charge of the business in the place where the injury occurred) or the carrier has knowledge, of any injury or death of an employee and fails, neglects, or refuses to file report thereof as required by the provisions of subsection (a) of this section, the limitations in subsection (a) of section 913 of this title shall not begin to run against the claim of the injured employee or his dependents entitled to compensation, or in favor of either the employer or the carrier, until such report shall have been furnished as required by the provisions of subsection (a) of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–426, § 18(a)(1), inserted “, which causes loss of one or more shifts of work,” after “Within ten days from the date of any injury”. Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See

Transfer of Functions

note set out under section 902 of this title. Pub. L. 98–426, § 18(a)(2), inserted at end “Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.” Subsecs. (b), (d). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See

Transfer of Functions

note set out under section 902 of this title. Subsec. (e). Pub. L. 98–426, § 18(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Any employer who fails or refuses to send any report required of him by this section shall be subject to a civil penalty not to exceed $500 for each such failure or refusal.” 1938—Subsec. (f). Act June 25, 1938, added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

§930 Reports to Secretary

Summary

Title 33, §930

Notes & Related Subsidiaries

Editorial Notes

Amendments

Transfer of Functions

Transfer of Functions

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata