§ 930. Reports to Secretary

Statutory text

Time for sending; contents; copy to deputy commissioner

Within ten days from the date of any injury, which causes loss of one or more shifts of work, or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, the employer shall send to the Secretary a report setting forth (1) the name, address, and business of the employer; (2) the name, address, and occupation of the employee; (3) the cause and nature of the injury or death; (4) the year, month, day, and hour when and the particular locality where the injury or death occurred; and (5) such other information as the Secretary may require. A copy of such report shall be sent at the same time to the deputy commissioner in the compensation district in which the injury occurred. Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.

Additional reports

Additional reports in respect of such injury and of the condition of such employee shall be sent by the employer to the Secretary and to such deputy commissioner at such times and in such manner as the Secretary may prescribe.

Use as evidence

Any report provided for in subsection (a) or (b) shall not be evidence of any fact stated in such report in any proceeding in respect of such injury or death on account of which the report is made.

Compliance by mailing

The mailing of any such report and copy in a stamped envelope, within the time prescribed in subsections (a) or (b), to the Secretary and deputy commissioner, respectively, shall be a compliance with this section.

Penalty for failure or refusal to send report

Any employer, insurance carrier, or self-insured employer who knowingly and willfully fails or refuses to send any report required by this section or knowingly or willfully makes a false statement or misrepresentation in any such report shall be subject to a civil penalty not to exceed $10,000 for each such failure, refusal, false statement, or misrepresentation.

Tolling provision

Where the employer or the carrier has been given notice, or the employer (or his agent in charge of the business in the place where the injury occurred) or the carrier has knowledge, of any injury or death of an employee and fails, neglects, or refuses to file report thereof as required by the provisions of subsection (a) of this section, the limitations in subsection (a) of section 913 of this title shall not begin to run against the claim of the injured employee or his dependents entitled to compensation, or in favor of either the employer or the carrier, until such report shall have been furnished as required by the provisions of subsection (a) of this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1927
Pub. L. 69–509 § 30 · 44 Stat. 1424
Enacted · 33 U.S.C. § 930
Mar. 4, 1927, ch. 509, § 30, 44 Stat. 1439
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 30, 44 Stat. 1439
1938
Public Law not identified
Added · 33 U.S.C. § 930(f)
Subsec. (f). Act June 25, 1938, added subsec. (f)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (f). Act June 25, 1938, added subsec. (f).
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 18(a)(1) · 98 Stat. 1639
Inserted · 33 U.S.C. § 930(a)
Pub. L. 98–426, § 18(a)(1), inserted “, which causes loss of one or more shifts of work,” after “Within ten days from the date of any injury”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–426, § 18(a)(1), inserted “, which causes loss of one or more shifts of work,” after “Within ten days from the date of any injury”.
Enacted provision · exact public law section
(1) by inserting after “injury” the first place it appears a comma and the following: “which causes loss of one or more shifts of work,”; and
Effective date note
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(a)(2) · 98 Stat. 1639
Substituted · 33 U.S.C. § 930(a)
Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.
Enacted provision · exact public law section
(2) by striking out “commission” each place it appears and inserting in lieu thereof “Secretary”; and
Effective date note
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 18(a)(2) · 98 Stat. 1639
Inserted · 33 U.S.C. § 930(a)
Pub. L. 98–426, § 18(a)(2), inserted at end “Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–426, § 18(a)(2), inserted at end “Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.”
Enacted provision · exact public law section
(2) by adding at the end thereof the following new sentence: “Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.”.
Effective date note
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(a)(2) · 98 Stat. 1639
Substituted · 33 U.S.C. § 930(b); 33 U.S.C. § 930(d)
Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title
Source evidence
Code amendment note
Subsecs. (b), (d). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.
Enacted provision · exact public law section
(2) by striking out “commission” each place it appears and inserting in lieu thereof “Secretary”; and
Effective date note
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 18(b) · 98 Stat. 1639
Amended · 33 U.S.C. § 930(e)
Pub. L. 98–426, § 18(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Any employer who fails or refuses to send any report required of him by this section shall be subject to a civil penalty not to exceed $500 for each such failure or refusal.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 98–426, § 18(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Any employer who fails or refuses to send any report required of him by this section shall be subject to a civil penalty not to exceed $500 for each such failure or refusal.”
Enacted provision · exact public law section
(b) Section 30(e) is amended to read as follows: “(e) Any employer, insurance carrier, or self-insured employer who knowingly and willfully fails or refuses to send any report required by this section or knowingly or willfully makes a false statement or misrepresentation in any such report shall be subject to a civil penalty not to exceed $10,000” for each such failure, refusal, false statement, or mist epresentation.”.
Effective date note
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

5 of 7 references resolved to an enrolled provision · 1 partial · 1 unresolved

Editorial Notes

Amendments1938–1984 · 2 rounds

1984

Subsec. (a). Pub. L. 98–426, § 18(a)(1), inserted “, which causes loss of one or more shifts of work,” after “Within ten days from the date of any injury”.

Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

Pub. L. 98–426, § 18(a)(2), inserted at end “Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.”

Subsecs. (b), (d). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

Subsec. (e). Pub. L. 98–426, § 18(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Any employer who fails or refuses to send any report required of him by this section shall be subject to a civil penalty not to exceed $500 for each such failure or refusal.”

1938

Subsec. (f). Act June 25, 1938, added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Credits

1927–1984 · 3 acts

1927Mar. 4, 1927, ch. 509, § 30, 44 Stat. 1439
1938June 25, 1938, ch. 685, § 11, 52 Stat. 1167
1984Pub. L. 98–426, §§ 18, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650, 1654.

Show as published

(Mar. 4, 1927, ch. 509, § 30, 44 Stat. 1439; June 25, 1938, ch. 685, § 11, 52 Stat. 1167; Pub. L. 98–426, §§ 18, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650, 1654.)