CHAPTER 2: Imminent Danger, Fatality, Catastrophe, And Emergency Response

Definition of Imminent Danger.

AS 18.60.096 defines imminent danger as “…a particular condition or practice in any place of employment that constitutes a danger that could reasonably be expected to immediately cause death or serious physical harm.”

Conditions of Imminent Danger.

The following conditions must be present in order for a hazard to be considered an imminent danger:

1. Death or serious harm must be threatened; AND
2. It must be reasonably likely that a serious accident could occur immediately OR, if not immediately, then before abatement would otherwise be implemented.

After the Assistant Chief or Chief of Enforcement receives a report of imminent danger, he or she will evaluate the inspection requirements and assign a CSHO to conduct the inspection.

Every effort will be made to conduct the imminent danger inspection on the same day that the report is received. In any case, the inspection will be conducted no later than the day after the report is received.

When an immediate inspection cannot be made, the Chief of Enforcement will contact the employer immediately, obtain as many pertinent details as possible about the situation, and attempt to have any employee(s) affected by the imminent danger voluntarily removed. A record of what steps, if any, the employer intends to take to eliminate the danger will be included in the case file. This notification is considered an advance notice of inspection to be handled in accordance with the advance notice procedures described below.

CSHOs may consider expanding the scope of an imminent danger inspection based on additional hazards discovered or brought to their attention during the inspection.

Every imminent danger inspection will be conducted as expeditiously as possible.

CSHOs will offer the employer and employee representatives the opportunity to participate in the worksite inspection, unless the immediacy of the hazard makes it impractical to delay the inspection in order to afford time to reach the area of the alleged imminent danger.

As soon as reasonably practicable after discovery of existing conditions or practices constituting an imminent danger, the employer shall be informed of such hazards. The employer shall be asked to notify affected employees and to remove them from exposure to the imminent danger. The employer should be encouraged to voluntarily take appropriate abatement measures to promptly eliminate the danger.

How to Voluntarily Eliminate a Hazard.

Where a Hazard is Voluntarily Eliminated.

Refusal to Eliminate an Imminent Danger.

When Harm Will Occur Before Abatement is Required.

Fatality.

An employee death resulting from a work-related incident or exposure; in general, from an accident or an illness caused by or related to a workplace hazard.

Catastrophe.

The hospitalization of three or more employees resulting from a work-related incident or exposure, in general, from an accident or an illness caused by a workplace hazard.

Hospitalization.

Being admitted as an inpatient to a hospital or equivalent medical facility for examination, observation, or treatment. This typically involves an overnight stay.

Identify and interview all persons with firsthand knowledge of the incident, including first responders, police officers, medical responders, and management, as early as possible in the investigation. The sooner a witness is interviewed, the more accurate and candid the witness statement will be.

If an employee representative is actively involved in the inspection, he or she can serve as a valuable resource by assisting in identifying employees who might have information relevant to the investigation

Conduct employee interviews privately, outside the presence of the employer. Employees are not required to inform their employer that they provided a statement to AKOSH.

When interviewing:

• Properly document the contact information for all parties, as follow-up interviews with a witness may be necessary.
• When appropriate, reduce interviews to writing and have the witness sign the document. Transcribe video- and audio-recorded interviews and have the witness sign the transcription.
• Read the statement to the witness and attempt to obtain agreement. Note any witnesses’ refusal to sign or initial his/her statement.
• Ask the interviewee to initial any changes or corrections made to his/her statement.
• Advise the interviewee of AKOSH whistleblower protections.

See Chapter 6, Inspection Procedures , for additional information on conducting interviews.

Potential items to be documented include: Name; Address; Email address; Telephone; Age; Sex; Nationality; Job Title; Date of Employment; Time in Position; Job being done at the time of the incident; Training for job being performed at time of the incident; Employee deceased/injured; Nature of injury – fracture, amputation, etc.; and Prognosis of injured employee.

Potential items to be documented include how and why the incident occurred; the physical layout of the worksite; sketches/drawings; measurements; video/audio/photos to identify sources; and whether the accident was work-related.

Potential items to be documented include Equipment type; Manufacturer; Model; Manufacturer’s instructions; Kind of process; Condition; Misuse; Maintenance program; Equipment inspection (logs, reports); Warning devices (detectors); Tasks performed; How often equipment is used; Energy sources and disconnecting means identified; and Supervision or instruction provided to employees involved in the accident.

Potential witnesses include: the public, Fellow employees, Management, Emergency responders (e.g., police and fire departments), and medical personnel (e.g., medical examiners).

Potential questions include: Does the employer have a safety and/or health program? Does the program address the type of hazard that resulted in fatality/catastrophe? How are the elements of the program specifically implemented at the worksite?

Describe the contractual and in practice relationships of the employer with the other employers involved with the work being performed at the worksite.

Potential records include Disciplinary Records, Training Records, Injury and Illness records (OSHA 300, 300A, and 301 data), and Next of Kin information.

AS 18.60.095(e) provides criminal penalties for an employer who is convicted of having willfully violated an AKOSH standard, rule, or order when the violation results in the death of an employee. When there are violations of an AKOSH standard, rule, or order, or a violation of the general duty clause, criminal provisions relating to false statements and obstruction of justice may also be relevant.

The circumstances surrounding all occupationally related fatalities will be evaluated to determine whether the fatality was caused by a willful violation of a standard, thus creating the basis for a possible criminal referral. The evidence obtained during a fatality investigation is of paramount importance and must be carefully gathered and considered.

Early in the investigation, the Chief of Enforcement, in consultation with the investigator, should make an initial determination as to whether there is potential for a criminal violation. The decision will be based on consideration of the following:

• A fatality has occurred.
• There is evidence that an AKOSH standard has been violated and that the violation contributed to the death.
• There is reason to believe that the employer was aware of the requirements of the standard and knew it was in violation of the standard, or that the employer was plainly indifferent to employee safety.
• If the Director agrees with the Chief of Enforcement’s assessment of the case, the Director will notify the AAG, and a trained criminal investigator may assist in or perform portions of an investigation.
• When there is a potential criminal referral in a case, it is essential that the Director involve the AAG at the earliest stages of the investigation, during the evidence-gathering process.

Family members of employees involved in fatal or catastrophic occupational accidents or illnesses shall be contacted early in the investigation and given the opportunity to discuss the circumstances of the accident or illness. AKOSH staff contacting family members must exercise tact and good judgment in their discussions. AKOSH should not be the first agency to contact the family of a deceased employee. Before contact is made, the CSHO shall ensure that the employer or a law enforcement agency has first notified the next of kin of the employee’s death.

The standard information letter will normally be sent to the individual(s) listed as the emergency contact on the victim’s employment records (if available) and/or the otherwise determined next of kin within 3 working days of determining the victim’s identity and verifying the proper address where communications should be sent.

In cases where a letter is not sent, a description of the efforts to communicate with the next of kin shall be documented in the case file.

NOTE: In some circumstances, it may not be appropriate to follow these exact procedures; e.g., in a small business, the owner or supervisor may be a relative of the victim. Modify the form letter to account for any special circumstances, or do not send the letter as appropriate.

AKOSH will send a condolence letter signed by the Division Director to the victim’s emergency contact or otherwise verifiable next of kin to provide notice of AKOSH's inspection of the accident. Upon completion of the inspection, the Chief of Enforcement will send a letter to the victim’s emergency contact or otherwise verifiable next of kin with the general results of the inspection.

When taking a statement from families of the victim(s), explain that the interview will be handled following the same procedures as those in effect for witness interviews. Sensitivity and professionalism are required during these interviews. Carefully evaluate the information received and attempt to corroborate it during the investigation.

Maintain follow-up contact with key family members or other contact people so that these parties can be kept up to date on the status of the investigation. Provide family members or their legal representatives with a copy of all citations, subsequent settlement agreements, or Review Board decisions as these are issued, or as soon thereafter as possible. However, such information will only be provided to family members after it has been provided to the employer.

The releasable portions of the case file will not be made available to family members until after the contest period has passed and no contest has been filed. If a contest is filed, the case file will not be made available until after the litigation is completed. Additionally, if a criminal referral is under consideration or has been made, the case file may not be released to the family. Notify the family of these policies and inform them that this is necessary so that any potential litigation is not compromised.

After the inspection, AKOSH will make every effort to contact the next of kin via telephone to explain findings, address any questions, and give the family an opportunity to provide input. Depending on the case, AKOSH may issue a press release. If a press release is planned, AKOSH will make every effort to notify the family by telephone before releasing the information to the public.

The OIS FAT/CAT Information must be completed pre-inspection for all fatalities and catastrophes unless knowledge of the event occurs during the course of an inspection at the establishment involved. Processing of the OIS FAT/CAT Information shall be as follows:

1. The Assistant Chief of Enforcement will oversee the completion and entries into OIS FAT/CAT Information for all fatalities and catastrophes as soon as possible after learning of the event. A copy of the OIS FAT/CAT Information shall be emailed by the Assistant Chief of Enforcement to the Chief of Enforcement, the Area Director for Federal OSHA, and the Director of LSS as soon as possible. As much information as is known at the time of the initial report should be provided; however, all items on the OIS FAT/CAT Information need not be completed at the time of this initial report. Wherever possible, the age of the victim(s) should be provided, because this information is used for research by OSHA and other agencies.
2. If additional information relating to the event becomes available that affects the decision to investigate, the OIS FAT/CAT Information is to be updated and resubmitted via e-mail to the Chief of Enforcement and the Director.
3. In addition, the Chief of Enforcement will contact the Director to ensure prompt notification of the Commissioner’s Office of major events, such as those likely to generate significant public or legislative interest

The OIS Investigation Summary Report is used to summarize the results of investigations of all events that involve fatalities, catastrophes, amputations, hospitalizations, have generated significant publicity, and/or have resulted in significant property damage. An OIS Investigation Summary Report must be opened, logged into OIS, and saved as final as soon as the agency becomes aware of a workplace fatality and determines that it is within its jurisdiction, even if most of the data fields are left blank. The information on this form enables AKOSH to track fatalities and summarize the circumstances surrounding the event.

NOTE: The two-day hospitalization criterion is a cutoff to preclude completing an OIS Investigation Summary Report for events that may not be serious. There is no relationship between this criterion and the definition of hospitalization in Section II. A. of this chapter, Definitions.

For fatality/catastrophe investigations, the OIS Investigation Summary Report will be:

• Opened in OIS at the beginning of the investigation and saved as final , even if most of the data fields are left blank, so that AKOSH can track fatality/catastrophe investigations in a close to “real-time” fashion.
• Modified as needed during the investigation to account for updated information.
• Updated with all data fields completely and accurately completed at the conclusion of the investigation, including a thorough narrative description of the incident.

The OIS Investigation Summary Report narrative should not be a copy of the summary provided on the OIS FAT/CAT Information. The narrative must comprehensively describe the characteristics of the worksite; the employer and its relationship with other employers, if relevant; the employee's task/activity being performed; the related equipment used; and other pertinent information in enough detail to provide a third-party reader of the narrative with a mental picture of the fatal incident and the factual circumstances surrounding the event.

Only one OIS Investigation Summary Report should be submitted for an event, regardless of how many inspections take place. If a subsequent event occurs during an inspection, a new OIS Investigation Summary Report for that event should be submitted.

EXAMPLE 2-1 : A fatality occurs in the employer’s facility in August. Both safety and health inspections are initiated. One OIS Investigation Summary Report should be filed to summarize the results of the inspections that resulted from the August fatality. However, in September, while the employer’s facility is still undergoing the inspections, a second fatality occurs. In this case, a second OIS Investigation Summary Report should be submitted for the second fatality, and an additional inspection should be opened.

The IMMLANG Questionnaire is designed to allow the agency to track fatalities among Hispanic and immigrant employees and to assess the impact of potential language barriers and training deficiencies on fatal accidents. Information for this questionnaire should be collected as early in the investigation as possible, as the availability of immigrants for questioning later in the process is often uncertain.

The IMMLANG Questionnaire shall be completed before the conclusion of a fatality investigation according to the procedures outlined in the December 16, 2003, memorandum from Deputy Assistant Secretary R. Davis Layne to the Regional Administrators. It should be completed only if “IMMLANG- Y” is indicated on the OIS Inspection Report (N-10 Optional Information Code). The Questionnaire is not to be completed if “IMMLANG-N” is indicated on the OIS Inspection Report.

The IMMLANG Questionnaire shall be submitted via the intranet. A copy of the completed questionnaire should be printed and placed in the case file.

The OIS Violation Worksheet provides specific supplemental information documenting hazards and violations. If any item cited is directly related to the occurrence of the FAT/CAT, the related event code “ A ” shall be entered in block 13. If multiple related event codes apply, the only code that has priority over relation to a FAT/CAT (“ A ”) is relation to an imminent danger (“ I ”).

OSHA’s National Emergency Management Plan (NEMP) , as contained in HSO 01-00-001 , dated December 18, 2003, clarifies the procedures and policies for OSHA’s National Office, Regional Offices, and AKOSH during responses to incidents of national significance. Generally, AKOSH will provide technical assistance and consultation to coordinate the protection of response workers and the safety and health of recovery workers. When the President makes an emergency declaration under the Stafford Act, the National Response Framework (NRF) is activated. The NEMP can then be activated by the Assistant Secretary, the Deputy Assistant Secretary, or by request from a Regional Administrator. Whether AKOSH will conduct a formal fatality or catastrophe investigation in such a situation will be determined on a case-by-case basis.

Inspections that result in citations being issued for at least one of the following are considered Severe Violator Enforcement Program (SVEP) cases:

1. A fatality/catastrophe inspection in which AKOSH finds one or more willful or repeated violations or failure-to-abate notices based on a serious violation related to the death of an employee or one or more hospitalizations.
2. An inspection in which AKOSH finds two or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard; or
3. An inspection in which AKOSH finds three or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard; or
4. All egregious (e.g., per instance citations) enforcement actions.
5. In such cases, the instructions outlined in AKOSH PD 23-03, Severe Violator Enforcement Program (SVEP) , dated February 1, 2023, shall be followed to ensure that the proper measures are taken regarding classification, coding, and treatment of the case.

Significant enforcement cases are defined as inspection cases with an initial proposed penalty of $50,000 or more, aggregated across all inspections stemming from the same enforcement action. An inspection resulting from an employee fatality or a workplace catastrophe may well be a significant enforcement case, and, therefore, particularly thorough documentation is necessary to sustain legal sufficiency.

If a fatality or catastrophe investigation arises regarding an establishment that is also in the current inspection cycle and scheduled to receive a programmed inspection under any High Hazard Targeting program, the investigation and the inspection may be conducted concurrently or separately.

If a fatality or catastrophe occurs at a Voluntary Protection Program (VPP), AKOSH Strategic Partnership Program (ASPP) site, or AKOSH’s Safety and Health Achievement Recognition Program (SHARP), the Chief of Enforcement and Director of Labor Standards and Safety should be notified. When enforcement activity has concluded, the Director of LSS should be informed so that the site can be reviewed for program issues.

Workplace fatalities caused by natural causes, including heart attacks, must be reported by the employer. The Chief of Enforcement will then decide whether to investigate the incident. If the cause of death appears to be natural causes, data entry into OIS should be delayed until the cause of death is known.

As with heart attacks, fatalities caused by incidents of workplace violence must be reported to AKOSH by the employer. The Chief of Enforcement will determine whether to investigate the incident.

AKOSH does not require motor vehicle accidents that occur on public roads or highways to be reported, unless the accident occurs in a construction work zone. Although employers who are required to keep records must record vehicle accidents in their OSHA-300 Log of Work-Related Injuries and Illnesses, AKOSH does not investigate such accidents.

Direction of Rescue Operations.

Monitoring and Inspecting Working Conditions of Rescue Operations.

While 29 CFR 1903.14(f) is not adopted in Alaska, it is AKOSH policy that no citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger [i.e., the existence of any condition or practice that could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated] unless:

1. such employee is designated or assigned by the employer to have responsibility to perform or assist in rescue operations, and the employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or
2. such employee is directed by the employer to perform rescue activities in the course of carrying out the employee's job duties, and the employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or
3. such employee is employed in a workplace that requires the employee to carry out duties that are directly related to a workplace operation where the likelihood of life-threatening accidents is foreseeable, such as operations where employees are located in confined spaces or trenches, handle hazardous waste, respond to emergency situations, perform excavations, or perform construction over water; and
4. such employee has not been designated or assigned to perform or assist in rescue operations and voluntarily elects to rescue such an individual; and
5. the employer has failed to instruct employees not designated or assigned to perform or assist in rescue operations of the arrangements for rescue, not to attempt rescue, and of the hazards of attempting rescue without adequate training or equipment.

If an employer has trained his or her employees in accordance with 29 CFR 1903.14 , no citation will be issued for an employee’s voluntary rescue actions, regardless of whether they are successful.

While it is AKOSH's policy to respond as quickly as possible to significant events that may affect the health or safety of employees, the agency does not have the authority to direct emergency operations.

(Note: these are not OSH Act requirements) .

AKOSH responds promptly to catastrophic events and serves as an active, forceful protector of employee safety and health during the response, cleanup, removal, storage, and investigation phases of these incidents, while maintaining a visible but limited role during the initial response phase.

For inspections of an ongoing emergency response or post-emergency response operation where there has been a catastrophic event, or where OSHA and AKOSH are acting under the National Emergency Management Plan (NEMP), the Commissioner will determine the overall role that AKOSH will play.

During an event that is covered by the NEMP, OSHA has a responsibility and authority to both enforce its regulations and provide technical advice and assistance to the Federal on-scene coordinator. If such an event occurs in a State Plan State, OSHA will coordinate with the State Plan agency to ensure its involvement in the response.

For details on AKOSH’s response to occupationally related incidents involving multiple fatalities, extensive injuries, massive toxic exposures, extensive property damage, or potential employee injury that generates widespread media interest. See the most current CPL regarding OSHA’s Response to Significant Events of Potentially Catastrophic Consequences.

For detailed procedures on how to proceed during incidents of national significance when OSHA has been designated as the primary agency for the coordination of technical assistance and consultation for emergency response and recovery worker health and safety, and the Assistant Secretary has activated the National Emergency Response Plan, see HSO 01-00-001 National Emergency Management Plan , dated December 18, 2003, and the National Response Framework (Worker Safety and Health Support Annex).

NOTE: These documents apply when activated.