PEOSHA Accident Investigation and Reporting Requirements-June 2004

The New Jersey Public Employees Occupational Safety and Health (PEOSHA) has amended its Recording and Reporting Occupational Injuries & Illnesses Regulations to reflect the Federal Occupational Safety and Health Administration (OSHA) Standard. The newly adopted regulation requires the public sector employer to report to the Commissioner of Labor all work related fatalities or in-patient hospitalization of three (3) or more workers, orally and in writing, within eight (8) hours of occurrence.

For purposes of clarification, the work-related environment is comprised of the physical location, equipment, materials processed or used, and the kinds of operations performed in the course of an employees’ work, whether on or off the employer’s premises. Work-related injuries and illnesses arise from an event or exposure in the work environment. The work environment is the Employer’s premises or other location where employees are engaged in work related activities or are present as a condition of their employment. In the event that the individual responsible for reporting is not sure whether the incident is work-related or not, a report is to be made.

The oral report shall be made directly to the following 24-Hour Hotline for Reporting of Public Employee Work Related In-patient Hospitalization or Fatality: 800-624-1644.

The written report shall mean the execution of the “Employer’s First Report of Accidental Injury or Occupational Disease”. The completed form must be faxed to the Office of Public Employees’ Occupational Safety & Health: Fax: 609-292-3749.

Public Sector Employers will be subject to a penalty of $250.00 per day for each repeat violation of these mandatory requirements. Any employer who willfully or repeatedly violates the requirements of the Public Employees’ Occupational Safety and Health Act shall be assessed a civil administrative penalty of up to $70,000 for each violation pursuant to N.J.S.A. 34:6A-41d.