§ 930. — Reports to Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC930]
TITLE 33--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.
Section Referred to in Other Sections
This section is referred to in title 30 section 932.
