Starting in 2002, the recordkeeping regulation and required forms were changed to the new Form 300 for logging of recordable cases, Form 301 for collection of details, and Form 300A for the annual summary.
Comprehensive information on the requirements effective in 2002, including the list of exempted establishments, can be found at www.californiaosha.info.
Establishments exempted from ongoing recordkeeping may still be selected by the U.S. Department of Labor’s Bureau of Labor Statistics to participate in an annual statistical survey requiring recording of workplace injuries and illnesses.
The Form 300A for 2002 is required to be posted in the workplace starting Feb. 1, 2003. In prior years, the summary only had to be posted for the month of February. Now, the summary form (300A) must be posted for the entire three months of February, March and April.
The Form 300A must be displayed in a conspicuous place or places where notices to employees are customarily posted. Companies with no injuries and illnesses in 2002 should post the Form 300A with zeros on the total line.
Also, the annual summary must be mailed or provided to any employees who normally do not report at least weekly to a location where the annual summary for their workplace is posted.
The annual summary includes information on the types of injuries and illnesses that occurred in the previous calendar year and their extent and outcome. The summary alerts employees of possible hazards in their workplace. Employment information regarding annual average number of employees and total hours worked during the calendar year is also required to assist in calculating injury and illness incidence rates.
In addition to recording injuries and illnesses meeting criteria detailed in the recordkeeping regulation, employers are required to report immediately by telephone to the nearest Cal/OSHA district office any serious injury or illness or death of an employee occurring in a place of employment or in connection with any employment.
Immediately means as soon as practically possible but not longer than eight hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident. Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.
Effective January 1, 2003 - $5000 Penalties
The California state legislature passed assembly Bill 2837 (Koretz of Long Beach) at the conclusion of the 2002 legislative session. The bill requires that a minimum penalty of $5000 for any company that does not report a serious injury or fatality immediately (within 8 hours per the regulatory definition) to Cal/OSHA.The impact of this legislation is surely expected to adversely affect small businesses that have little resources available to them compared to a large business. We encourage all business resources that are available to assist in getting the word out to all businesses to be prepared in the event that an injury occurs at their business that may be classified as a serious injury. We hope that the media including the written press, TV and radio stations, workers' compensation insurance carriers, insurance agents and brokers, trade magazines, professional associations, and other stakeholders will assist and letting all businesses know about this important legislation.
This portion of the bill (A.B. 2837) was reportedly formulated as a legislative response to May 2001 investigative report by the Orange County Register newspaper which showed statistics that the Anaheim office of Cal/OSHA failed to investigate untold numbers of serious injuries and death of workers. Subsequently, the state Legislature held an open hearing in Anaheim in November 2001 to review the report and Cal/OSHA statistics. Deputy Chief of Cal/OSHA, Vicky Heza, represented the Division but reportedly came under fire when, according to legislators, the statistical information was reportedly short on substance.
Since 1997, California employers have been required to report any serious injury to Cal/OSHA within eight hours, 16 hours less than the federal guidelines. Many employers are not, and have not been aware of this requirement. There is no excuse in the eyes of Cal/OSHA if the Company does not report the injury. You can and will be fined, it requires a mandatory penalty under the Cal/OSHA regulations, which previously averaged between $350 to $500. Now that mandatory penalty has changed to a minimum of $5000 effective January 1 2003.
"Serious injury or illness" means any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway.
What is a serious injury: under Section 330 of the Cal/OSHA regulations, "Serious injury or illness" means any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway. And, any "serious injury" must be reported by the employer within eight hours of knowing the scope of the injury, whether reported or not by the paramedics, police, hospital, or others. And should an accident occur in which the paramedics, police, or hospital say that they will report the injury, that will not suffice or meet the requirements for the employer's obligation to report the injury. These agencies have their own requirements for the reporting of injuries that is separate from the employers responsibility to report the injury.
Keep in mind that you have the right to wait to contact Cal/OSHA until you have knowledge of how serious the injury really is. For example, we know of two cases where an employee fell off of a 15 foot high roof. The ambulance was called to transport the injured employee to the hospital. The ambulance or paramedics called Cal/OSHA to report a work-related accident with multiple injuries. Our client called us to discuss the need to report the injury to Cal/OSHA. I said that we did not have to report the injury until we get a doctor's medical report or information to know how serious the employee is injured. I said to our client that it depends on how well the employee bounced, knowing that in a previous such case as this, the employee was released from the hospital without sustaining a serious injury. Thankfully this was also true in this case. Unfortunately, the Cal/OSHA office that had received the initial call from the paramedics began calling our client to gather more information about the accident without knowing whether the injury was actually serious. I personally responded to the Cal/OSHA office by telling them that we will be glad to contact them once we know how serious the employee may be injured, and did so once we knew his condition the following morning, within the 24-hour time limit.
Prevention: At this time, we encourage all of our clients and friends to do their utmost to insurer that they have fully implemented their safety programs (injury and illness prevention program). Make sure that you have fully trained your employees in their jobs and hazard recognition, hold safety meetings and other means a safety communication, and make regular inspections of the worksite for hazard corrections. And, make sure you document all of this. If you need help with your program, or would like us to review it to make sure you are in compliance, please call us for a quality overview. 800-570-SAFE.
For more information see the Cal/OSHA home page.
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