BILL NUMBER: AB 326	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2013

INTRODUCED BY   Assembly Member Morrell

                        FEBRUARY 13, 2013

   An act to  add Section 142.5 to   amend
Section 6409.1 of  the Labor Code, relating to occupational
safety and health  standards  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 326, as amended, Morrell. Occupational safety and health
 standards  : reporting  requirements  .

   Under existing law, there is the Division of Occupational Safety
and Health within the Department of Industrial Relations. Existing
law requires every employer to file a complete report of every
occupational injury or occupational illness of each employee, as
specified, with the department. Existing law requires an employer to
make an immediate report of every case involving an employee's
serious injury or illness or death to the division.  
   This bill would require every employer to make an immediate report
to the division of each fatality or hospitalization incident that
occurs within 30 days of a work-related incident.  
   Existing law provides that the Occupational Safety and Health
Standards Board is the only agency in the state authorized to adopt,
amend, or repeal occupational safety and health standards, and
requires the board to adopt standards that are at least as effective
as federal standards promulgated under the federal Occupational
Safety and Health Act of 1970, within a specified time. Existing
regulations of the board govern reporting of work-connected
fatalities and serious injuries.  
   This bill would require the board to amend state standards that
govern reporting of work-related injuries to conform to specified
federal regulations that require reporting of each fatality or
multiple hospitalization incident that occurs within 30 days of a
work-related incident. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 6409.1 of the   Labor
Code   is amended to read: 
   6409.1.  (a) Every employer shall file a complete report of every
occupational injury or occupational illness, as defined in
subdivision (b) of Section 6409,  to   of 
each employee which results in lost time beyond the date of the
injury or illness, or which requires medical treatment beyond first
aid, with the Department of Industrial Relations or, if an insured
employer, with the insurer, on a form prescribed for that purpose by
the department. A report shall be filed concerning each injury and
illness which has, or is alleged to have, arisen out of and in the
course of employment, within five days after the employer obtains
knowledge of the injury or illness. Each report of occupational
injury or occupational illness shall indicate the social security
number of the injured employee. In the case of an insured employer,
the insurer shall file with the division immediately upon receipt, a
copy of the employer's report, which has been received from the
insured employer. In the event an employer has filed a report of
injury or illness pursuant to this subdivision and the employee
subsequently dies as a result of the reported injury or illness, the
employer shall file an amended report indicating the death with the
department or, if an insured employer, with the insurer, within five
days after the employer is notified or learns of the death. A copy of
any amended reports received by the insurer shall be filed with the
division immediately upon receipt.
   (b) In every case involving a serious injury or illness, or death,
in addition to the report required by subdivision (a), a report
shall be made immediately by the employer to the Division of
Occupational Safety and Health by telephone or telegraph. An employer
who violates this subdivision may be assessed a civil penalty of not
less than five thousand dollars ($5,000). Nothing in this
subdivision shall be construed to increase the maximum civil penalty,
pursuant to Sections 6427 to 6430, inclusive, that may be imposed
for a violation of this section. 
   (c) (1) Every employer shall make an immediate report to the
Division of Occupational Safety and Health, by telephone or
telegraph, of each fatality or hospitalization incident that occurs
within 30 days of a work-related incident.  
   (2) Nothing in this subdivision shall be construed to require the
reporting to the Division of Occupational Safety and Health of any
work-connected fatality or hospitalizations that occurs after 30 days
of a work-related incident.  
  SECTION 1.    Section 142.5 is added to the Labor
Code, to read:
   142.5.  (a) The board shall amend state standards including, but
not limited to, the definition of "serious injury or illness" in
Section 330(h) of Title 8 of the Code of Regulations, and the term
"serious injury or illness" as described in Section 342 of Title 8,
of the Code of Regulations, that govern the reporting of
work-connected fatalities and serious injuries, to conform to Section
1904.39(b)(6) of Title 29 of the Code of Federal Regulations,
requiring reporting of each fatality or multiple hospitalization
incident that occurs within 30 days of a work-related incident.
   (b) Consistent with Section 1904.39(b)(6) of Title 29 of the Code
of Federal Regulations, nothing in this section shall be construed to
require the reporting to the Division of Occupational Safety and
Health of any work-connected fatality or hospitalizations that occur
after 30 days of a work-related incident.