This bulletin is to serve as a reminder to employers in the Commonwealth of Kentucky of recent changes in Kentucky law that will soon require the reporting of a wider range of injuries to the Kentucky Office of Occupational Safety and Health (KYOSHA).  Beginning on November 1, 2006, Kentucky employers will be required to report any work related incident resulting in the in-patient hospitalization of one or two employees.  The reporting requirement is limited to hospitalizations that occur within seventy two (72) hours of the incident.

Employers will also be required to report any amputation suffered by an employee from any work-related incident.  Hospitalizations of one or two employees and amputations must be reported to the Kentucky Department of Labor within seventy-two hours. 

The reporting time is considered the time from which an employer, employer’s agent, or another employee first becomes aware of the fatality, catastrophe, amputation, or hospitalization. 

In-patient hospitalization is defined as any time an employee is admitted to the hospital for more than twenty-four (24) hours for any reason other than observation.    

This new reporting requirement does not affect any of the current OSHA regulations related to reporting injuries and fatalities.  Employers are already required by OSHA to report fatalities and catastrophes (defined as the hospitalization of three or more employees from a single incident) within eight (8) hours of the incident. 

The regulation will be effective from November 1, 2006 through December 31, 2008.  The effectiveness of the new legislation will be evaluated prior to the end date and a decision made as to whether the new regulation will continue as written or allowed to expire. 

Violations of the reporting requirement will fall under the “other than serious” category with citations that could reach up to $5,000.  KYOSHA has developed the following table to assist in understanding the new requirements.