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Attention, health and reportingAbout 5 minutes29 CFR 1904.35 · 1904.39

Incident Reporting Toolbox Talk

An injury that is never reported cannot be treated early, recorded or prevented next time. This short talk tells the crew what to report, to whom and how fast, and that reporting is protected. Employers set up a reasonable procedure for reporting work-related injuries and illnesses promptly and accurately (29 CFR 1904.35(b)(1)(i)), and must not discharge or discriminate against an employee for reporting (29 CFR 1904.35(b)(1)(iv)). The free PDF includes a sign-in sheet.

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At a glance

  • Reporting procedure and employee rights: 29 CFR 1904.35(b)(1)(i) to (iv). Reports to OSHA: within 8 hours for a fatality, within 24 hours for an in-patient hospitalization, an amputation or the loss of an eye, 29 CFR 1904.39(a)(1) and (a)(2).
  • About 5 minutes: read the script out loud, then ask the three questions.
  • FY2025 citations: 29 CFR 1904.39, 801 (241 at construction sites); 29 CFR 1904.35, 4 (0 at construction sites).
  • Free PDF: the script, the questions, the rule and a 20-line sign-in sheet. No account, no email.

Read this to your crew

Today is about reporting, and it starts with one conversation: you get hurt, you tell me. Any injury, any illness you think came from the work, even if it seems small, even if you think it will be gone by tomorrow.

Why it matters. A small cut gets infected. A sore back after a lift turns into something worse. A splash in the eye looks fine for an hour. Reported early, these get treated early. Reported late, they get worse, and what happened gets harder to piece together.

Report right away, to me or to whoever runs the site that day. Tell me what happened, where, when, what you were doing and what hurts. If you cannot reach me, call the office. If it is serious, get help first: call 911, then call me.

Reporting is your right, and nobody on this site will punish you for it. Employees have the right to report work-related injuries and illnesses, and employers are prohibited from discharging or discriminating against them for reporting (29 CFR 1904.35(b)(1)(iii)). That protection goes with you on every job.

Here is what happens after you report. You get treated. We write down what happened while it is fresh. I look at the cause with you, because the point is fixing whatever hurt you before it hurts someone else. Some cases go on the OSHA log, and a few get reported to OSHA within hours (29 CFR 1904.39(a)(1) and (a)(2)); that part is my job.

Same goes for your coworkers. If you see someone get hurt and they say it is nothing, tell me anyway. Covering for someone is how a small injury becomes a big one.

Three questions for the crew

  1. Who do you report an injury to on this site, and how do you reach them if they are not here?
    Listen for: A name and a phone number. If the crew does not know, write them on the sign-in sheet.
  2. What counts as an injury worth reporting?
    Listen for: Every work-related injury or illness, including small cuts, strains, rashes and splashes. Whether it gets recorded is the employer's decision, not the worker's.
  3. What happens to someone who reports an injury?
    Listen for: They get care and the cause gets fixed. Nobody is disciplined for reporting (29 CFR 1904.35(b)(1)(iv)).

What does OSHA say about reporting injuries?

Employers establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately, and a procedure that would deter or discourage a reasonable employee from reporting is not reasonable (29 CFR 1904.35(b)(1)(i)). Each employee is told how to report (29 CFR 1904.35(b)(1)(ii)), and told that they have the right to report and that employers are prohibited from discharging or discriminating against them for reporting (29 CFR 1904.35(b)(1)(iii)).

The employer must not discharge or in any manner discriminate against an employee for reporting a work-related injury or illness (29 CFR 1904.35(b)(1)(iv)).

Some cases go to OSHA directly: a work-related fatality within 8 hours (29 CFR 1904.39(a)(1)), and an in-patient hospitalization, an amputation or the loss of an eye within 24 hours (29 CFR 1904.39(a)(2)).

The paragraphs, word for word:

“(b) Implementation—(1) What must I do to make sure that employees report work-related injuries and illnesses to me? (i) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness;”

29 CFR 1904.35(b)(1)(i)

“(iii) You must inform each employee that: (A) Employees have the right to report work-related injuries and illnesses; and (B) Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and”

29 CFR 1904.35(b)(1)(iii)

“(iv) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.”

29 CFR 1904.35(b)(1)(iv)

How often did OSHA cite these rules in FY2025?

StandardConstruction sitesOther industriesAll FY2025 citations
29 CFR 1904.39Reporting fatalities and severe injuries to OSHA241560801
29 CFR 1904.35Employee involvement and reporting procedure044

Citation items under 29 CFR issued Oct 1, 2024 to Sep 30, 2025, at federal and State Plan inspections, counted by HazComFast on U.S. Department of Labor enforcement data (extracted Oct 13, 2026). Construction means an inspection whose NAICS code starts with 23. The counts describe inspected establishments, not every employer.

What gets reported, to whom and how fast?

What happenedThe worker tellsThe employer reports to OSHA
A cut, strain, rash, splash or any other work-related injury or illnessThe supervisor, right awayNo call to OSHA; the employer decides whether it goes on the OSHA 300 Log
An in-patient hospitalization, an amputation or the loss of an eye911 if needed, then the supervisor, right awayWithin 24 hours (29 CFR 1904.39(a)(2))
A work-related death911, then the supervisorWithin 8 hours (29 CFR 1904.39(a)(1))
A near miss: nobody hurtThe supervisor, the same dayNo report to OSHA; see the near miss talk

Inside HazComFast

When someone reports an injury, the case is ready

The talk gets the injury reported. HazComFast takes it from there: is it recordable, does OSHA need a call, and a 301 nobody can quietly delete.

  • Is the case recordable? Asked one question at a time

    Work-relatedness under 1904.5 and its exceptions, new case or continuation, then whether the treatment went past the first aid list of 1904.7(b)(5)(ii). A person decides, and the reasoning stays with the case.
  • The 8-hour and 24-hour clocks start for you

    Record a death and an 8-hour countdown starts from the time you learned of it; a hospitalization, an amputation or a lost eye gets 24 hours (1904.39(a)). The case can't close until the report is logged.
  • Dictate the case on site, in English or Spanish

    The supervisor speaks, the app fills only the empty fields and asks about what is missing. It never sets the classification, and the transcript isn't stored.
  • Kept, never quietly deleted

    A 301 can't be deleted, even by an admin. Each case shows the date its retention ends, and a case under legal hold stays put.

New sign-ups are paused · the free tools need no account

Questions about this talk

Does OSHA require a written injury reporting procedure?

The rule requires a reasonable procedure for reporting work-related injuries and illnesses promptly and accurately, and that each employee be told about it (29 CFR 1904.35(b)(1)(i) and (ii)). The text does not say the procedure has to be written, though a written one is the easiest to show.

Can a company set a deadline for reporting injuries?

The test in the rule is whether the procedure would deter or discourage a reasonable employee from accurately reporting (29 CFR 1904.35(b)(1)(i)). A deadline that leaves no room for an injury noticed later, such as a strain that shows up the next morning, deserves a second look against that test.

Which injuries does the employer report to OSHA?

A work-related fatality within 8 hours (29 CFR 1904.39(a)(1)), and an in-patient hospitalization, an amputation or the loss of an eye within 24 hours (29 CFR 1904.39(a)(2)).

Can a worker be disciplined for reporting an injury?

No. The employer must not discharge or in any manner discriminate against an employee for reporting a work-related injury or illness (29 CFR 1904.35(b)(1)(iv)).

Does every reported injury go on the OSHA 300 Log?

No. Only cases that meet OSHA's recording criteria go on the log, for example those that need medical treatment beyond first aid or cause days away from work. The free recordability decision tree walks through each criterion.

Does OSHA require toolbox talks?

No rule requires a talk by that name. Construction employers must instruct each employee in the recognition and avoidance of unsafe conditions (29 CFR 1926.21(b)(2)), and many standards carry their own training duty; a toolbox talk is a common way to deliver part of it.

Do we need a sign-in sheet for a toolbox talk?

No general OSHA rule requires attendance records for a toolbox talk. Some standards require written certification of training, such as fall protection (29 CFR 1926.503(b)(1)) and forklift operators (29 CFR 1910.178(l)(6)). A signed sheet shows who attended; keep the topic, the date, the presenter and the language with it. It does not show that the content was understood.

Go further

More talks on attention, health and reporting

Sources and verification

Paragraphs verified against the eCFR on Oct 20, 2026 (title 29 current to Oct 16, 2026); guidance pages read the same day. State Plan states enforce their own standards; check the state's rule. Not legal advice.

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