Eleanor Finch
In California, employers must report every case of serious injury, illness, or death to Cal/OSHA, and this includes accidents resulting in amputations, loss of eyesight, or any serious permanent disfigurement. The definition of serious injury or illness has been revised to include only auto accidents in construction zones and not those on public highways. Employers must report these incidents within eight hours of the incident or within 24 hours under exigent circumstances. Failure to report such incidents can lead to penalties.
| Characteristics | Values |
|---|---|
| Reporting Time | As soon as possible but not later than 8 hours after the incident. In exigent circumstances, the time frame can be extended to 24 hours. |
| Reporting Medium | Telephone, email, or online mechanism. |
| Information to be Reported | Time and date of the accident, name and job title of the person reporting the accident, address of the site of the accident, name and address of injured employees, nature of injury, location to which the injured employee was moved, list and identity of law enforcement agencies present at the site of the accident, description of the accident, etc. |
| Injury/Illness Requiring Reporting | Amputation, loss of an eye, or any serious degree of permanent disfigurement. |
| Injury/Illness Not Requiring Reporting | Caused by the commission of a Penal Code violation, caused by an accident on a public street or highway (except in a construction zone). |
| Non-Compliance | Penalties for employers. |
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What You'll Learn
Reporting serious injuries: employers must report within 8 hours
In California, employers have a duty to report injuries and illnesses to Cal/OSHA. Employers must report serious injuries within 8 hours of when they knew, or with diligent inquiry should have known, about the incident. "Immediately" means as soon as practically possible, but not longer than 8 hours after the incident. In exigent circumstances, the reporting period can be extended to 24 hours, although it is challenging to qualify for this extension. Therefore, adhering to the 8-hour timeframe is advisable.
The definition of "serious injury or illness" has undergone a significant change. Previously, an employer had to notify Cal/OSHA if an employee required a 24-hour minimum hospitalization. Now, the new law adds clarity, requiring employers to report injuries resulting in amputation, loss of an eye, or any serious degree of permanent disfigurement. However, there is a grey area for employers when it comes to hospital visits outside these categories.
To ensure compliance, employers should train supervisors and safety officers in the new requirements. When reporting a serious injury, employers should include the following information: the time and date of the accident, the employer's name, address, and telephone number, the name and job title or badge number of the person reporting the accident, the address of the accident site, the name of the contact person at the site, the name and address of the injured employee(s), the nature of the injury, the location to which the injured employee(s) was moved, and a list of law enforcement agencies present. Additionally, a description of the accident, including any alterations to the scene or equipment, is necessary.
It is important to note that failure to report or delays in reporting serious workplace injuries, illnesses, or deaths can lead to penalties for employers. Employers can report by telephone or email until Cal/OSHA establishes an online reporting mechanism.
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Online reporting mechanism: Cal/OSHA to establish an online system
In California, employers are required to report any serious injuries, illnesses, or deaths occurring in the workplace or in connection with any employment to Cal/OSHA. Assembly Bills 1804 and 1805, which came into effect on January 1, 2020, changed the methods employers can use to make these reports. Previously, employers could only report by telephone or email. Now, employers can continue to use these methods but also have the option of reporting through a specified online mechanism that Cal/OSHA will establish.
The online reporting mechanism will provide a more convenient and efficient way for employers to submit reports, potentially saving time and improving the accuracy of information provided. This is especially beneficial for employers who may not have easy access to a telephone or prefer a more discrete method of reporting. Additionally, it improves accessibility for individuals with limited English proficiency, as the Department of Industrial Relations (DIR) is working to provide meaningful services for languages other than English.
Until the online reporting system is established, employers can continue to report serious incidents by telephone or email. It is important to note that immediate reporting is required, which means as soon as practically possible but not longer than 8 hours after the incident. If exigent circumstances exist, the timeframe can be extended to 24 hours. Employers are encouraged to report serious incidents immediately by telephone to the nearest enforcement district office.
To make a report, employers should be prepared to provide the following information: business name, names of employees affected, location and time of the incident, a brief description of the incident, and contact information. It is important to note that employers do not have to report events that result from motor vehicle accidents on public streets or highways (except in construction work zones) or occur on commercial or public transportation systems.
The establishment of the online reporting mechanism by Cal/OSHA is a step towards modernizing the reporting process and providing employers with a convenient and accessible platform to fulfill their legal obligations in reporting serious accidents.
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Serious injury definition: inpatient hospitalization is a grey area
In the state of California, Cal/OSHA has revised the definition of "serious injury and illness" for reporting requirements. This change broadens the number of situations that trigger an employer's reporting obligation. The new definition of "serious injury or illness" eliminates the previous requirement of a 24-hour minimum inpatient hospitalization. Now, any hospitalization must be reported unless the employee is only admitted for medical observation or diagnostic testing. This change aligns with Federal OSHA requirements.
Employers must report a fatality or serious injury within eight hours of becoming aware of it. This can be done by telephone or email, with the latter advised as it provides a record of the time and date of the report. Employers are encouraged to actively monitor an employee's condition and treatment after an accident. In situations where an employee is first admitted to the emergency room and then admitted for inpatient hospitalization, employers must consistently monitor to determine if the treatment extends beyond observation and diagnostic testing.
The change in the definition of "serious injury and illness" has resulted in a broader scope of reportable incidents. This means that employers must be diligent in their understanding of their reporting obligations to avoid penalties for failure to report or unnecessary reporting. The previous definition of "serious injury or illness" required a minimum 24-hour hospitalization stay, which could be inconsistent with Federal OSHA requirements.
The new definition broadens the scope of reportable incidents, bringing it more in line with Federal OSHA. This change ensures that employers are more vigilant in reporting serious injuries and illnesses, promoting better workplace safety and employee protection. However, it also creates a grey area regarding inpatient hospitalization. The previous definition provided a clear timeframe for hospitalization, whereas the new definition requires employers to exercise judgment in determining whether an employee's treatment extends beyond observation and diagnostic testing.
To summarize, the revision of the definition of "serious injury and illness" by Cal/OSHA has resulted in a broader scope of reportable incidents, eliminating the 24-hour minimum inpatient hospitalization requirement. This change aligns with Federal OSHA and emphasizes the importance of timely reporting and diligent monitoring of employee conditions. However, it also introduces a grey area regarding inpatient hospitalization, requiring employers to exercise judgment and potentially increasing the complexity of reporting obligations.
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Accident location: public highways/streets are excluded
In California, employers have a duty to report injuries and illnesses to Cal/OSHA. The Cal/OSHA definition of "serious injury or illness" has been revised to exclude accidents occurring on public highways or streets unless they occur in a construction zone. This change aligns with the Federal OSHA rules, although some differences remain.
Employers must report any serious injury, illness, or death that occurs within the workplace to the nearest Cal/OSHA district office. This should be done as soon as possible but no later than eight hours after the incident or when the employer becomes aware of it. In exigent circumstances, this timeframe can be extended to 24 hours.
The employer must provide detailed information about the accident, including the time and date, the employer's name, address, and contact information, the name and job title of the person reporting the accident, the address of the accident site, and the name and address of the injured employee(s). Additionally, the nature of the injury, the location to which the injured employee(s) was moved, and a description of the accident scene and any equipment involved should be included in the report.
It is important to note that failure to report a serious workplace injury, illness, or death can result in penalties for employers. To ensure compliance, employers should establish clear policies and procedures for reporting incidents to Cal/OSHA and train supervisors and safety officers in the latest reporting requirements.
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Failure to report: employers may face penalties
In California, employers have a duty to report injuries and illnesses to Cal/OSHA. Employers must report every case of serious injury, illness, or death "immediately", which is defined as within eight hours of the incident or when the employer became aware of it. If exigent circumstances exist, this time frame can be extended to 24 hours.
Employers must include the following information when reporting: the time and date of the accident, the employer's name, address, and telephone number, the name and job title of the person reporting the accident, the address of the site of the accident, the name of the person to contact at the site, the name and address of the injured employee(s), the nature of the injury, the location to which the injured employee(s) was moved, a list of law enforcement agencies present, a description of the accident, and whether the scene or equipment was altered.
Failure to report a serious workplace injury, illness, or death can lead to penalties for employers. To ensure compliance and avoid penalties, employers should establish a clear policy for reporting incidents to Cal/OSHA and train supervisors and safety officers in the latest reporting requirements.
Penalties for non-compliance can be significant, and employers should be diligent in their reporting obligations. While the specific penalties are not publicly available, Cal/OSHA has stated that it will impose penalties for failure to report. Employers should also be aware that failure to report may result in a violation of an employee's rights, leading to potential legal consequences.
To summarise, employers in California must promptly report serious injuries, illnesses, or fatalities to Cal/OSHA and provide comprehensive information about the incident. Non-compliance with these requirements may result in penalties and legal consequences. By establishing clear reporting policies and training relevant personnel, employers can help ensure timely and accurate reporting to Cal/OSHA.
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Frequently asked questions
A "serious injury or illness" is defined by Cal/OSHA as any injury or illness that requires inpatient hospitalization, an overnight stay, or an amputation/loss of an eye/serious permanent disfigurement.
When reporting a serious injury, illness, or death, the following information should be included: time and date of the accident, name and address of the employer, name and job title/badge number of the person reporting the accident, address of the site of the accident, name of the person to contact at the site, name and address of injured employee(s), nature of injury, location to which the injured employee(s) was moved, list and identity of law enforcement agencies present, description of the accident, and whether the accident scene or equipment was altered.
Employers must report a fatality, serious injury, or illness within eight hours of the incident or when they were made aware of it. If there are exigent circumstances, the timeframe can be extended to 24 hours.
Failure to report a serious workplace injury, illness, or death can lead to penalties for employers.
