{"id":654,"date":"2019-09-06T18:02:00","date_gmt":"2019-09-06T22:02:00","guid":{"rendered":"http:\/\/caloshadefensereport.com\/?p=654"},"modified":"2026-03-15T23:03:35","modified_gmt":"2026-03-15T23:03:35","slug":"breaking-cal-osha-overhauls-reporting-requirements-for-serious-injuries","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/calosha-defense-report\/breaking-cal-osha-overhauls-reporting-requirements-for-serious-injuries\/","title":{"rendered":"BREAKING: Cal\/OSHA Overhauls Reporting Requirements for Serious Injuries"},"content":{"rendered":"

By\u00a0Andrew Sommer<\/a><\/strong>\u00a0and\u00a0Megan Shaked<\/a><\/strong><\/p>\n

The California Division of Occupational Safety and Health (Cal\/OSHA) just announced major changes to the definition of \u201cserious injury or illness\u201d for purposes of California employers\u2019 duty to report certain serious workplace injuries to Cal\/OSHA.\u00a0 Pursuant to\u00a0Cal. Labor Code Sec. 6409.1(b)<\/a><\/strong>,\u00a0\"\"<\/a>in every case involving a work related death or a serious injury or illness, the employer must \u201cimmediately\u201d make a report to Cal\/OSHA.\u00a0 Employers may be cited and subject to penalties for failure to make such reports, and reporting such incidents almost always leads to a site inspection by Cal\/OSHA, which in turn most often results in Serious or Serious Accident-Related citations.<\/p>\n

Cal\/OSHA\u2019s prior, longstanding reporting rule defined \u201cserious injury or illness\u201d as any injury or illness occurring in a place of employment or in connection with any employment that requires in-patient hospitalization for a period in excess of 24 hours for treatment 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.\u00a0 The old definition excluded 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.<\/p>\n

On August 30, 2019, California passed\u00a0Assembly Bill (AB) 1805<\/strong><\/a>\u00a0to revise the definition of a \u201cserious injury or illness\u201d for reporting purposes.\u00a0The changes appear to be designed to bring Cal\/OSHA\u2019s reporting requirement more (but not entirely) in line with\u00a0fed OSHA\u2019s hospitalization and amputation reporting rule<\/strong><\/a>.\u00a0 Specifically, Cal\/OSHA\u2019s new reporting requirements:<\/span>\"\"<\/a><\/p>\n

    \n
  1. Eliminate the old 24-hour minimum time for a stay at the hospital for an inpatient hospitalization to become reportable;<\/li>\n
  2. Specify for reporting purposes that an inpatient hospitalization must be required for something \u201cother than medical observation or diagnostic testing\u201d;<\/li>\n
  3. Replace \u201closs of a member\u201d with the term \u201camputation\u201d;<\/li>\n
  4. Expressly include loss of an eye as a specific type of reportable injury;<\/li>\n
  5. Delete the old exclusion for serious injuries or deaths caused by a violation of the Penal Code; and<\/li>\n
  6. Narrow the exclusion for injuries caused by auto accidents on a public street, so that such accidents that occur in a construction zone are now reportable to Cal\/OSHA.<\/li>\n<\/ol>\n

    The new reporting rule goes into effect on January 1, 2020.<\/p>\n

    Tips for Complying with this New Reporting Standard<\/strong><\/p>\n

    California employers must report by phone or email to the nearest District Office of Cal\/OSHA any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment.\u00a0 A serious injury or illness now includes any injury or illness:<\/p>\n