By Sarah Peterson, SHRM-SCP
Despite California employers’ best efforts to provide robust training, create policies and procedures for safe work practices and to foster a culture which promotes safety, accidents and injuries still occur. Injuries can vary from minor, first-aid incidents to serious and even fatal accidents. It is imperative to understand employer obligations for reporting workplace injuries to Cal/OSHA to ensure compliance. This will help to mitigate risk, avoid costly penalties and to protect your workforce.
CA Code of Regulations, Title 8, Section 342 states that every employer must report any death or serious injury or illness no later than eight hours after the employer knows about or “with diligent inquiry” would have known about the incident. However, knowing what the regulations say can still leave employers with some questions, so let’s break it down.
What is considered a serious injury or illness?
Cal/OSHA defines a serious injury or illness as a death, in-patient hospitalization (not including stays for observation or testing,) amputation, loss of an eye and serious or permanent disfigurement.
What if I miss the eight-hour reporting window?
This regulation stipulates that “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.” However, any amount of time beyond eight hours can increase your risk of a violation. Whether you know about it right away or not, report it as soon as possible.
What information needs to be reported?
Report what you know. At a minimum, the report should include the name of the employer, name and title of the person making the report, time and date of the accident, nature of the injury or illness, name of the employee who was injured, and if the employee was moved and where to (for example, if the employee was transported to a hospital.)
The regulation also states that, if known, the report must also include information on who to contact at the accident site, if there are law enforcement agencies present, and a description of the accident scene.
You may not have all the information right away, but it is still critical to make the report within the 8-hour timeframe.
How do I make the report?
There are two ways to report workplace deaths, serious injuries or illnesses:
Telephone – this is the preferred method for reporting. Visit the following link to find the Cal/OSHA office and phone number in your area. https://www.dir.ca.gov/dosh/report-accident-or-injury.html
Email – send a report with all the information you have to caloshaaccidentreport@tel-us.com
In addition to putting an injury reporting policy in place, there are key actions employers can take to help ensure compliance with Cal/OSHA injury reporting requirements.
- Review your Worker’s Compensation reporting procedures to confirm that they align with the Cal/OSHA reporting timelines.
- Train managers and supervisors on identifying reportable incidents.
- Make sure your IIPP is updated and includes the injury reporting process as well who may be responsible for reporting qualified injuries.
- Foster a culture that prioritizes safety and encourages employees to recognize and report hazards and injuries.