(a) In order to claim compensation under the Act, an employee or
claimant must first give notice of the fact of an injury or death to the
employer and also may give notice to the district director for the
compensation district in
which the injury or death occurred. Notice to the employer must be given
to that individual whom the employer has designated to receive such
notices. If no individual has been so designated notice may be given to:
(1) The first line supervisor (including foreman, hatchboss or
timekeeper), local plant manager or personnel office official; (2) to
any partner if the employer is a partnership; or (3) if the employer is
a corporation, to any authorized agent, to an officer or to the person
in charge of the business at the place where the injury occurred. In the
case of a retired employee, the employee/claimant may submit the notice
to any of the above persons, whether or not the employer has designated
an official to receive such notice.
(b) In order to facilitate the filing of notices, each employer
shall designate at least one individual responsible for receiving
notices of injury or death; this requirement applies to all employers.
The designation shall be by position and the employer shall provide the
name and/or position, exact location and telephone number of the
individual to all employees by the appropriate method described below.
(1) Type of individual. Designees must be a first line supervisor
(including a foreman, hatchboss or timekeeper), local plant manager,
personnel office official, company nurse or other individual
traditionally entrusted with this duty, who is located full-time on the
premises of the covered facility. The employer must designate at least
one individual at each place of employment or one individual for each
work crew where there is no fixed place of employment (in that case, the
designation should always be the same position for all work crews).
(2) How designated. The name and/or title, the location and
telephone number of the individual who is selected by the employer to
receive all notices shall be given to the district director for the
compensation district in which the facility is located; posting on the
worksite in a conspicuous place shall fulfill this requirement. A
redesignation shall be effected by a change in posting.
(3) Publication. Every employer shall post the name and/or position,
the exact location and telephone number of the designated official. The
posting shall be part of the general posting requirement, done on a form
prescribed by the Director, and placed in a conspicuous location.
Posting must be done at each worksite.
(4) Effect of failure to designate. Where an employer fails to
properly designate and to properly publish the name and/or position of
the individual authorized to receive notices of injury or death, such
failure shall constitute satisfactory reasons for excusing the employee/
claimant's failure to give notice as authorized by section 12(d)(3)(ii)
of the Act, 33 U.S.C. 912(d)(3)(ii).
(Approved by the Office of Management and Budget under control number
1215-0160)
[50 FR 397, Jan. 3, 1985, as amended at 51 FR 4283, Feb. 3, 1986]
