When must a construction injury be reported in Washington State?
A Washington employer reports a work-related fatality or inpatient hospitalization to Labor and Industries within 8 hours, and an amputation or loss of an eye within 24 hours. The equipment involved stays where it is until the investigator releases it, and a citation can be appealed within 15 working days.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Report to DOSH within 8 hours a work-related incident that kills an employee or puts an employee in hospital as an inpatient | 8 hoursWAC 296-27-031(1), (3)-(11) | a breach of contractLapsed compliance |
| Report to DOSH within 24 hours a work-related incident that causes an employee an amputation or the loss of an eye without inpatient hospitalization | 24 hoursWAC 296-27-031(2)-(7) | a breach of contractLapsed compliance |
| Do not move equipment involved in a work-related accident that caused a death, inpatient hospitalization, amputation or loss of an eye until L&I has investigated and released it, except to remove a victim or prevent further injury | none setWAC 296-800-32010, 296-800-32015, 296-800-32020, 296-800-32025; 296-27-031(1), notes 1 and 2 | a breach of contractLapsed compliance |
| Notify the director of Labor and Industries within 15 working days of a citation or penalty notice that you wish to appeal it, or it becomes a final order that no court or agency can review | 15 working daysRCW 49.17.120(3), (4), 49.17.140(1)-(5), (8) | the claim is barredLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Report to DOSH within 8 hours a work-related incident that kills an employee or puts an employee in hospital as an inpatient
WAC 296-27-031(1), (3)-(11) · 8 hours · a breach of contract
- The 8 hours run from the incident, or, if the employer learns later, from when the employer or its agent learns of the death or hospitalization or learns it was work-related (WAC 296-27-031(3)(a), (4)(a)).
- A death that does not occur during or right after the incident is reportable only if it occurs within 30 days of it (WAC 296-27-031(8)).
- Report by telephone to 1-800-423-7233 (1-800-4BE-SAFE) or in person at the nearest DOSH office, by telephone to OSHA at 1-800-321-6742, or to DOSH by any other means; when the local office is closed, by one of those two numbers (WAC 296-27-031(5), (6)).
Report to DOSH within 24 hours a work-related incident that causes an employee an amputation or the loss of an eye without inpatient hospitalization
WAC 296-27-031(2)-(7) · 24 hours · a breach of contract
- The 24 hours run from the incident, or from when the employer or its agent learns of the injury or learns it was work-related (WAC 296-27-031(3)(b), (4)(b)).
- The methods and the details to give are the same as for the 8 hour report (WAC 296-27-031(5)-(7)).
Do not move equipment involved in a work-related accident that caused a death, inpatient hospitalization, amputation or loss of an eye until L&I has investigated and released it, except to remove a victim or prevent further injury
WAC 296-800-32010, 296-800-32015, 296-800-32020, 296-800-32025; 296-27-031(1), notes 1 and 2 · none set · a breach of contract
- Equipment may be moved before L&I releases it only where necessary to remove a victim or to prevent further incidents and injuries (WAC 296-800-32010(2)).
Notify the director of Labor and Industries within 15 working days of a citation or penalty notice that you wish to appeal it, or it becomes a final order that no court or agency can review
RCW 49.17.120(3), (4), 49.17.140(1)-(5), (8) · 15 working days · the claim is barred
- The same 15 working days apply to a notice that a cited violation was not corrected and to a notice of violating an order of immediate restraint (s 49.17.140(2), (3)).
- A notice of appeal stays the citation and penalty, but not an order of immediate restraint (s 49.17.140(4)).
What this page is, and is not
It is the section text this library holds for Washington State, read from the Revised Code of Washington and the Washington Administrative Code, among them chapter 39.12 RCW, chapter 60.04 RCW and chapter 19.122 RCW, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the statutes, the contract you signed and its specifications.
Demiton does not track jobs in Washington yet. These pages set out the duties the library holds for a Washington job, so you can check your own.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.