TITLE 33 > CHAPTER 18 > § 930

 
                NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
 
Sec. 930. Reports to Secretary


(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.

(c) Use as evidence

    Any report provided for in subsection (a) or (b) of this section 
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) of this section, 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, Sec. 30, 44 Stat. 1439; June 25, 1938, ch. 685, 
Sec. 11, 52 Stat. 1167; Pub. L. 98-426, Secs. 18, 27(a)(2), Sept. 28, 
1984, 98 Stat. 1650, 1654.)


                               Amendments

    1984--Subsec. (a). Pub. L. 98-426, Sec. 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, Sec. 27(a)(2), substituted ``Secretary'' for 
``commission''. See Transfer of Functions note set out under section 902 
of this title.
    Pub. L. 98-426, Sec. 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, Sec. 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, Sec. 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).


                    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.