Federal OSHA jurisdiction
South Dakota does not operate an OSHA-approved state plan. Federal OSHA retains jurisdiction over most private-sector employers and workers in the state. State and local government workers are not covered by federal OSHA and have no state-plan alternative in South Dakota.
Source: OSHA State Plans
Employer injury reporting requirements — First Report of Injury
South Dakota employers must file a First Report of Injury with the South Dakota Department of Labor and Regulation within seven days of first learning about a workplace injury. This reporting obligation exists even if the employer did not receive written notice from the employee within the employee's three-business-day notice period.
The Department requires employers to file the First Report of Injury (Form 101) for all work-related injuries and occupational diseases that require medical treatment beyond minor first aid or that incapacitate the employee. The employer files this report within seven days of learning of the injury, regardless of whether the claim will ultimately be accepted as compensable—the insurance company or self-insured employer makes the coverage determination, not the reporting employer.
Filing methods and recordkeeping
Employers may submit the First Report of Injury through the Department's online First Report of Injury Management System or by completing a fillable PDF form and mailing it to the Department. The employer must provide a copy of the completed form to the injured employee.
Employers must retain a copy of each First Report of Injury for at least four years from the date of injury, as required by SDCL 62-6-1.
Penalties for noncompliance
Under SDCL 62-6-2, failure to file the required injury report is a Class 2 misdemeanor. Employers who fail to file may also face an administrative fine of up to $100.
Insurer obligations after employer files
Once the employer submits the First Report of Injury to its workers' compensation insurer, the insurer assumes additional obligations under SDCL 62-6-3. The insurer must file a copy of the injury report with the Department of Labor and Regulation within ten days of receiving it from the employer.
If the insurer (or self-insured employer acting in its insurer capacity) denies coverage in whole or in part, it must notify the injured employee and the Department in writing within twenty days from receipt of the employer's report. This period may be extended up to thirty additional days by the Department upon a showing that insufficient time exists to investigate the circumstances of the accident or coverage. The insurer must state the reasons for denial and notify the claimant of the right to a hearing. Noncompliance with these insurer-level obligations can result in suspension or revocation of the insurer's certificate of authority.
Distinction between employer and insurer roles
The employer's seven-day duty to file the First Report of Injury is distinct from the insurer's duty to investigate and decide coverage. The employer reports the injury; the insurer (or self-insured employer) investigates, accepts or denies the claim, and manages the file going forward. An employer cannot delay filing the First Report while waiting for the insurer to complete its investigation.
Source: South Dakota Department of Labor and Regulation — Employer Rights and Responsibilities