1984—Subsec. (a). Pub. L. 98–426, § 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, § 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, § 11(c), substituted “(or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c))” 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, § 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), 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.

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.

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.