Notes on 33 U.S.C. § 912 : US Code - Notes

Search Notes on 33 U.S.C. § 912 : US Code - Notes

(Mar. 4, 1927, ch. 509, Sec. 12, 44 Stat. 1431; Pub. L. 92-576,
Sec. 12(a), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 11,
Sept. 28, 1984, 98 Stat. 1648.)
AMENDMENTS
1984 - Subsec. (a). Pub. L. 98-426, Sec. 11(a), inserted a comma
after "aware" and "only by reason of medical advice" after
"diligence" and inserted "except that in the case of an
occupational disease which does not immediately result in a
disability or death, such notice shall be given within one year
after the employee or claimant becomes aware, or in the exercise of
reasonable diligence or by reason of medical advice should have
been aware, of the relationship between the employment, the
disease, and the death or disability" in first sentence.
Subsec. (c). Pub. L. 98-426, Sec. 11(b), inserted at end "Each
employer shall designate those agents or other responsible
officials to receive such notice, except that the employer shall
designate as its representatives individuals among first line
supervisors, local plant management, and personnel office
officials. Such designations shall be made in accordance with
regulations prescribed by the Secretary and the employer shall
notify his employees and the Secretary of such designation in a
manner prescribed by the Secretary in regulations."
Subsec. (d)(1). Pub. L. 98-426, Sec. 11(c), substituted "(or his
agent or agents or other responsible official or officials
designated by the employer pursuant to subsection (c) of this
section)" for "(or his agent in charge of the business in the place
where the injury occurred)", substituted "injury or death, (2)" for
"injury or death and", and substituted "or (3)" for "or (2)".
Pub. L. 98-426, Sec. 11(c)(4), inserted "(i) notice, while not
given to a responsible official designated by the employer pursuant
to subsection (c) of this section, was given to an official of the
employer or the employer's insurance carrier, and that the employer
or carrier was not prejudiced due to the failure to provide notice
to a responsible official designated by the employer pursuant to
subsection (c) of this title, or (ii)".
1972 - Subsec. (a). Pub. L. 92-576 provided for notice of an
injury or death within thirty days after the employee or
beneficiary is aware or in the exercise of reasonable diligence
should have been aware of a relationship between the injury or
death and the employment.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 11(a) of Pub. L. 98-426 effective Sept. 28,
1984, and applicable both with respect to claims filed after such
date and to claims pending on such date, and amendment by section
11(b), (c) of Pub. L. 98-426 effective 90 days after Sept. 28,
1984, and applicable both with respect to claims filed after such
90th day and to claims pending on such 90th day, see section 28(a),
(b) of Pub. L. 98-426, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,
1972, see section 22 of Pub. L. 92-576, set out as a note under
section 902 of this title.