Meaning of hospitalization in accident reporting

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

November 19, 1980

Arthur L. Schmuhl, Director
Safety and Health Services
The Associated General Contractors of America
[Recipient address omitted]

Dear Mr. Schmuhl:

This letter is in response to your inquiry concerning the definition of the term "hospitalization" in OSHA Instruction CPL 2.43, dated April 21, 1980. Please accept my apology for the delay in response.

The term, "hospitalization" is not defined in the OSH Act, nor is that term as used in 29 CFR 1904.8 (Reporting of Fatality or Multiple Hospitalization Accidents) defined by regulation. In the absence of statutory or regulatory definition, common words are assigned their common meaning. In response to inquiries about the meaning of that term, we did not interpret the term, we merely consulted a dictionary in wide use in the United States. OSHA Instruction CPL 2.43, dated April 21, 1980, merely incorporated the definition of the root verb, "hospitalize" as stated in Webster's New World Dictionary of the American Language, Second College Edition: [Publisher copyright notice and dictionary definition omitted.] Under these circumstances, we do not believe that the Administrative Procedure Act requires the agency to go through rulemaking procedures.

With respect to your reference to your December 13, 1979 letter concerning 29 CFR 1926.52, our records show that your letter was answered on February 20, 1980.

If we may be of further assistance, please call or write.

Sincerely,
Eula Bingham
Assistant Secretary
Occupational Safety and Health