California: Recording and Reporting Injuries/Illnesses

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1 California: Recording and Reporting Injuries/Illnesses California adopted a rule for recording occupational injuries and illnesses, including new forms. The rule allows for the use of equivalent forms, such as the federal OSHA 300 forms. The differences between the state and federal rules are described below. The following requirement is OSHA s recordkeeping rule, 29 CFR 1904, as summarized below. Coverage - The rule requires employers to keep records of occupational deaths, Injuries and Illnesses, and to make certain reports to OSHA and the Bureau of Labor Statistics. Smaller employers (with 10 or fewer workers) and employers who have Establishments in certain retail, service, finance, real estate or insurance industries are not required to keep these records. However, they must report any occupational fatalities or catastrophes that occur in their establishments to OSHA, and they must participate in government surveys if they are asked to do so. California State requirements: Reporting injuries within eight hours: The federal regulation requires employers to report the death of any employee or the in-patient hospitalization of one or more employees as a result of a work-related incident within 8 hours. The California rule is more restrictive, and requires employers to report within 8 hours any serious injury or illness, defined as one which requires hospitalization for more than 24 hours for other than observation. The phrase also includes loss of any member of

2 the body or any serious degree of permanent disfigurement. The definition appears in Title 8, Section 330(h). The Federal rule requires that a work-related death be reported up to 30 days after the date of the accident. The California requirements do not include a 30-day time limit from the incident date. Annual summary: OSHA 301 California requires access to current or stored copies of the Annual Summary in addition to the Cal/OSHA Form 300. The Federal OSHA standard does not specify that the Annual Summary must be supplied. California requires employers to present or mail the Annual Summary to each employee who does not normally report, at least weekly, to a location where it is posted (see (b)(7)). The Federal standard does not include this provision. California does not require posting Annual Summaries for establishments where operations have closed down during the calendar year (see (b)(8)). This was not included in the Federal standard. Record retention: California specifies the information that an employer must have when keeping records for multiple establishments at a headquarters or other central location. Specifically, the employer must: 1. Have the address and telephone number of the central location or headquarters where records are kept available at each worksite; and 2. Have personnel available at the central location or headquarters during normal business hours to transmit information from the records maintained there.

3 Employee access to records: The federal standard states generically what information must be included and deleted when authorized employee representatives ask for copies of the OSHA Form 301 Incident Reports. California specifically states what personally identifying information must be deleted when an authorized employee representatives ask for copies of the Cal/OSHA form 301, Incident Reports, or equivalent forms. This includes: 1. Name; 2. Address; 3. Date of birth; 4. Date of hire; 5. Gender; 6. Name of physician; 7. Location where treatment was provided; 8. Whether the employee was treated in an emergency room; and 9. Whether the employee was hospitalized overnight as an inpatient. California has a requirement affirming the rights of employees and their representatives to bargain collectively for access to information relating to occupational injuries and illnesses in The Federal standard does not contain such language.

4 Needlestick and sharps injuries: California clarifies the scope for recording of needlesticks and sharps injuries, stating that they are not limited to health care and related businesses. The Federal rule does not contain such language. Motion picture industry: In California, establishments in SIC Code 781 (Motion Picture Production and Allied Services) are required to keep a 300 Log. Federal law does not require these establishments to maintain an injury log. California requires establishments in SIC Code 781 to provide the current or stored Cal/OSHA Form 300 or Annual Summary within seven calendar days rather than by the end of the next business day. Copies must be provided to employees, former employees, personal representatives, or authorized representatives. The Federal rule does not cover this industry. Public employers: California distinguishes between private and public employers with respect to the granting authority for variance petitions. The Federal standard does not distinguish between public and private employers with respect to submitting variance petitions because the Federal standard, in Federal OSHA states, only applies to private employers. Government access to records: California provides government representatives access to the original recordkeeping documents and one set of copies free of charge. The Federal standard requires that copies of the records (not originals) be supplied to government representatives upon request, free of charge.

5 To understand more, purchase OSHA Recordkeeping Simplified Click the link(s) below to view the federal requirements. Federal: Part 1904 Recording and Reporting Occupational Injuries and Illness