AB 326, as amended, Morrell. Occupational safety and health: 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 reportbegin insert by telephone or telegraphend insert 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.
end deleteThis bill would require every employer to make an immediate report by telephone or e-mail of every case involving an employee’s serious injury or illness or death to the division.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6409.1 of the Labor Code is amended to
2read:
(a) Every employer shall file a complete report of
4every occupational injury or occupational illness, as defined in
5subdivision (b) of Section 6409, of each employee which results
6in lost time beyond the date of the injury or illness, or which
7requires medical treatment beyond first aid, with the Department
8of Industrial Relations or, if an insured employer, with the insurer,
9on a form prescribed for that purpose by the department. A report
10shall be filed concerning each injury and illness which has, or is
11alleged to have, arisen out of and in the course of employment,
12within five days after the employer obtains knowledge of the injury
13or illness. Each report of occupational injury or occupational illness
14shall indicate the social security number of
the injured employee.
15In the case of an insured employer, the insurer shall file with the
16division immediately upon receipt, a copy of the employer’s report,
17which has been received from the insured employer. In the event
18an employer has filed a report of injury or illness pursuant to this
19subdivision and the employee subsequently dies as a result of the
20reported injury or illness, the employer shall file an amended report
21indicating the death with the department or, if an insured employer,
22with the insurer, within five days after the employer is notified or
23learns of the death. A copy of any amended reports received by
24the insurer shall be filed with the division immediately upon
25receipt.
26(b) In every case involving a serious injury or illness, or death,
27in addition to the report required by subdivision (a), a report shall
28
be made immediately by the employer to the Division of
29Occupational Safety and Health by telephone orbegin delete telegraphend deletebegin insert e-mailend insert.
30An employer who violates this subdivision may be assessed a civil
31penalty of not less than five thousand dollars ($5,000). Nothing in
32this subdivision shall be construed to increase the maximum civil
33penalty, pursuant to Sections 6427 to 6430, inclusive, that may be
34imposed for a violation of this section.
35(c) (1) Every employer shall make an immediate report to the
36Division of Occupational Safety and Health, by telephone or
37telegraph, of each fatality or hospitalization incident that occurs
38within 30 days of a work-related incident.
P3 1(2) Nothing in this
subdivision shall be construed to require the
2reporting to the Division of Occupational Safety and Health of any
3work-connected fatality or hospitalizations that occurs after 30
4days of a work-related incident.
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