California Revises Injury Reporting Requirements

In response to Federal OSHA revising its requirements for injury reporting, legislation was passed in August of 2019 by the California legislature that required California OSHA to revise its injury reporting requirements. While the changes required by the legislation are similar to the Federal OSHA requirements, the legislation set some more stringent requirements. The legislation also changed the manner in which injuries are to be reported.

The changes become effective on January 1, 2020 and printing operations in California are now required to immediately report any fatality or serious injury or illness, which is defined as follows:

• any hospitalization, regardless of length of time, for other than medical observation or diagnostic testing
• amputation
• loss of an eye
• serious degree of permanent disfigurement

Employers are required to make such reports by telephone to the nearest District Office of Cal/OSHA or through an online reporting portal being established by Cal/OSHA. Until the online portal is active, employers are still allowed to report via email. However, once the portal goes online email reporting will no longer be acceptable.

Immediate means that the report must be made as soon as practical but no longer than within 8 hours of when the employer knew, or with diligent inquiry should have known, about the fatality or the serious injury or illness.

The legislation also eliminated the exclusion involving incidents that involve violations injuries or deaths caused by the commission of a Penal Code violation (e.g., an intentional assault and battery), or an auto accident on a public street or highway. These incidents are also now reportable.

The information, if available, that must be included in the report is as follows: • Time and date of the accident
• Employer’s name, address and telephone number
• Name and job title, or badge number of the person reporting the accident
• Address of the site of the accident or event
• Name of the person to contact at the site of accident
• Name and address of the injured employee(s)
• Nature of the injury
• Location where the injured employee(s) was (were) moved to
• List and identity of other law enforcement agencies present at the site of accident; and • Description of the accident and whether the accident scene or instrumentality has been altered.

For more information or to ask any questions, email the Government Affairs Department at govtaffairs@sgia.org.