How OSHA Investigates Fatalities

When a worker dies on the job, OSHA opens an investigation to find out why and to hold the employer accountable if it broke the rules. Knowing the process helps employers respond correctly, helps coworkers know their rights, and helps families know what to expect.

• Construction
• General Industry
• Families

Step 1: the employer must report

• An employer must report a work-related death within 8 hours of learning of it. It must report an in-patient hospitalization, amputation or loss of an eye within 24 hours. See Recordkeeping & Reporting.
• Reports go to the nearest OSHA area office, or 1-800-321-OSHA (6742), or online. In state-plan states, report to the state agency. See State Plans Overview.
• Failing to report on time can lead to a citation and penalty.

Step 2: OSHA investigates

• OSHA inspects after every work-related fatality it has authority over. A compliance safety and health officer visits the site, usually quickly. See OSHA Inspections.
• The officer looks at the scene, equipment and records, takes photos and measurements, and interviews the employer, supervisors, witnesses and coworkers.
• Employees can speak to the officer privately, and an employee representative can join the walkaround. See Walkaround Representatives.
• OSHA may ask for training records, safety programs, inspections, equipment maintenance logs and prior injury records. See Written Programs.
• Not every fatality is covered by OSHA. See Who OSHA Doesn’t Cover. Examples include some self-employed people and some public employees.

What employers should do right away

• Call 911 and give first aid. See Calling 911 from a Jobsite.
• Report to OSHA within 8 hours.
• Protect the scene and don’t move equipment or materials, except to rescue or prevent more harm.
• Keep a list of witnesses and preserve documents, photos and equipment.
• Be honest with the investigator, and don’t discourage workers from speaking up.
• Consider legal counsel, and begin your own investigation. See Incident Investigation.

After the investigation

• Time limit: OSHA generally has 6 months from the violation to issue a citation (Section 9(c) of the OSH Act). Fatality cases often take months, and most are finished near the end of that period.
• Citations and penalties can be issued for each violation found. Willful or repeat violations bring much higher penalties. See Citation Types. The employer may contest. See Contesting Citations.
• Settlements are common. They may reduce penalties in exchange for fixing hazards.
• Abatement: the employer must correct each hazard by the date set in the citation.

Rights of families

• OSHA contacts the family of a worker killed on the job, explains the process, and offers to answer questions. OSHA also has a national family liaison.
• Families can ask for information about the investigation status and are told about citations, and may be invited to informal conferences. They can also contact their area office for a family liaison.
• Many families also have rights to workers’ compensation death benefits and burial expenses, and sometimes other claims. See Filing a Workers’ Comp Claim.

Criminal charges

The OSH Act makes it a crime for an employer to willfully violate a standard in a way that causes an employee’s death (Section 17(e)). The penalty is a fine and up to 6 months in jail for a first offense, and prosecutors can bring other charges under state law, such as manslaughter. OSHA refers possible cases to the Department of Justice or local prosecutors, and such cases are not common.

If a coworker dies

• Give first aid and call 911 if you’re first on scene
• Leave the scene undisturbed after help arrives
• Write down what you saw while you remember it
• You have the right to talk to OSHA, privately if you want
• Ask about counseling or an employee assistance program. See Stress Management

Last updated: October 4, 2026