New Regulation on reporting work related injuries and illnesses

By Jay Jamali

Enviro Safetech recommends that our clients update their serious injury or illness reporting requirements in California as of January 2020 due to AB 1804 and AB 1805 as follows:

1. The minimum 24-hour hospitalization has been changed to hospitalization for any length of time (medical observation or diagnostic testing is excluded),
2. The loss of an eye is now listed as a serious injury. 
3. The loss of a body member has been replaced by the word amputation. 
4. Reporting of any injury or illness or death caused by an accident on a public street or highway is not required, unless the accident occurred in a construction zone.
5. Reporting of serious injury or illness caused by certain violations of the Penal Code are now required (previously excluded).
6. Serious exposure is now defined to include exposure of an employee to a hazardous substance in a degree or amount sufficient to create a realistic possibility that death or serious physical harm in the future could result from the actual hazard created by the exposure.

REMINDER: Cal-OSHA requires employers to report fatalities, serious injuries, and serious illness to the nearest Cal/OSHA district office immediately (as soon as practically possible but no more than 8 hours after learning of the event). 

AB1804 now requires that  in case of a serious injury or illness, or death, a report shall be made immediately by the employer to Cal-OSHA by telephone or through a specified online mechanism. Until Cal-OSHA has made the online mechanism available, the employer shall be permitted to make the report required by this subdivision by telephone or email (Fax is not an option).

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