Cal/OSHA Reporting

As required by Title 8 regulations, section 342, employers must immediately report to Cal/OSHA any work connected:

• death or serious injury or illness

A serious injury or illness is defined as:

• occurring in a place of employment or in connection with any employment AND
• requires inpatient hospitalization for other than medical observation or diagnostic testing, OR
• in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement

It does not include any injury or illness, or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.

Immediately means:

As soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness.

Employers should monitor an injured employee’s condition and hospitalization following an incident to determine whether the injury or illness is or becomes reportable. If you’re not sure whether an injured worker was admitted to the hospital, it’s best to make a preliminary report. You can then update Cal/OSHA when more information is available. Reporting can and must be done any time of day or day of the week. It is important to note that qualifying injury, illness, or a fatality, is reportable if it occurs in the workplace, even if the cause is seemingly non-occupational, such as a heart attack or stroke.

Employers who fail to report a serious work-connected injury or illness or a fatal injury to Cal/OSHA within 8 hours will be subject to a minimum civil penalty of $5,000.

Please reach out to our office for questions or concerns regarding Cal/OSHA compliance.