33 U.S.C. § 930

Reports to Secretary

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(a) 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.

(b) 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.

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.

(d) 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.

(e) 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.

(f) 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.

(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.)Editorial NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions

Cited in 42 cases (1 in the last 5 years), 1935–2026 · leading case: United Brands Company v. Thad Melson, and the Director, Office of Workers' Compensation Programs, United States Departme

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United Brands Company v. Thad Melson, and the Director, Office of Workers' Compensation Programs, United States Departme (1979) ca5 · cites it 6× “This limitation period is tolled by 33 U.S.C. § 930 (f) 6 when the employer or carrier had knowledge of the illness and fails to file the report required by 33 U.”

Roberts v. Sea-Land Services, Inc. (2012) scotus · cites it 2× “See ante, at 9– 10; 33 U. S. C. §930 (a). The employer must also submit the results of a medical evaluation of the employee’s condition.”

Curtis Taylor v. The Baltimore & Ohio Railroad Co. (1965) ca2 · cites it 4× “§ 1732 , 4 and (b) that in any event their reception was barred by 33 U.S.C. § 930 (c). (a) The Longshoremen’s and Harbor Workers’ Compensation Act requires the employer to “keep a record in respect of any injury to an employee,” 33 U.”

Brink v. Xe Holding, LLC (2012) dcd · cites it 3× “” See 33 U.S.C. § 930 (a); 20 C.F.R. § 702.201 .”

Theodore Gladden v. P. Henderson & Co. v. Lavino Shipping Company, Third-Party (1967) ca3 · cites it 2× “§ 30, 33 U.S.C. § 930 . 8 . 33 U.S.C. § 930 (c).”

Hastings v. Earth Satellite Corp. (1980) cadc “33 U.S.C. § 930 (a) (1976). The ALJ held that the statute of limitations was tolled until the employer reported the accident, id.”

Director, Office of Workers' Compensation Programs v. National Van Lines, Inc. (1979) cadc · cites it 2× “But 33 U.S.C. § 930 (f) (1976) tolls the statute of limitations during the period that the employer fails to report the injury to the Secretary of Labor.”

Willard Stark v. Washington Star Co. And Director, Office of Workers' Compensation Programs, U.S. Department of Labor (1987) cadc · cites it 2× “Substantial evidence supports the AU's and the Board’s two essential findings: that Stark had knowledge of his injury— and any link to his work — more than one year before he filed his claim in 1980; and that the Star lacked sufficient knowledge of that link to toll the statute…”

Clyde Flowers v. The Travelers Insurance Company (1958) ca5 “00 per week were paid for 20 weeks from August 20, 1955 to January 6, 1956, for the total amount of $700. 13 . Stumberg, Injuries Incurred.”

Atlantic & Gulf Stevedores, Inc. v. Donovan (1960) ca5 ““The deputy commissioner shall make or cause to be made such investigations as he considers necessary in respect of the claim, and upon application of any interested party shall order a hearing thereon.”

Newport News Shipbuilding & Dry Dock Co. v. Brown (2004) ca4 “1997) (listing the nine provisions, which include, for example, the monetary penalty for failing to send an injury report to the Secretary of Labor, see 33 U.S.C. § 930 (e)). Moreover, § 44(c)(3) says that “all amounts collected as fines and penalties under the [LHWCA] shall be…”

P & Z CO., INC. v. District of Columbia (1979) dc “33 U.S.C. § 930 (a) (1976) specifies the following reporting requirements: Within ten days from the date of any injury 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…”

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