BILL ANALYSIS Ó
Senate Committee on Labor and Industrial Relations
Senator Ben Hueso, Chair
Date of Hearing: June 11, 2014 2013-2014 Regular
Session
Consultant: Alma Perez-Schwab Fiscal:No
Urgency: No
Bill No: AB 326
Author: Morrell
As Introduced/Amended: January 6, 2014
SUBJECT
Occupational safety and health: reporting requirements
KEY ISSUE
Should the Legislature clarify that the currently required
reporting by an employer of an employee injury or illness, or
death, to the Division of Occupational Safety and Health may be
made by telephone or email instead of telephone and telegraph?
ANALYSIS
The California Occupational Safety and Health Act of 1973 was
enacted to ensure safe and healthful working conditions for all
California workers by, among other things, authorizing the
enforcement of effective standards as well as assisting and
encouraging employers to maintain safe and healthful working
conditions. The Division of Occupational Safety and Health
(DOSH, also known as Cal/OSHA), within the state Department of
Industrial Relations (DIR), is charged with enforcing
occupational health and safety laws, orders, and standards,
including the investigation of alleged violations of those
provisions.
Existing law requires every employer to file a complete report
with DIR [or with the insurer who must then immediately file
with the division] of every employee occupational injury or
illness which results in lost time beyond the date of injury or
illness, or which requires medical treatment beyond first aid. A
report shall be filed within five days after the employer
obtains knowledge of the injury or illness.
In cases of serious injury or illness, or death , in addition to
the above reporting requirement, existing law requires a report
to be made immediately by the employer to the Division of
Occupational Safety and Health by telephone or telegraph.
Violations of this requirement may be assessed a civil penalty
of not less than five thousand dollars ($5,000). (Labor Code
§6409.1)
This Bill would require that the immediate reporting of an
employer to Cal/OSHA of a serious injury or illness, or death,
be made by telephone or e-mail, deleting the reference to
telegraph.
COMMENTS
1. Need for this bill?
Existing law requires employers to notify the Division of
Occupational Safety and Health by telephone or telegraph in
cases of serious injury or illness, or death, of an employee.
This bill is necessary to delete the reference to telegraph
and replace it with e-mail contact since the use of a
telegraph has become obsolete.
As introduced, this bill had proposed to modify the state law
reporting requirements for specified occupational safety and
health incidents to mirror federal law. However, the bill
failed passage in the Assembly Labor and Employment Committee.
Subsequently, the author and other members of that Committee
wrote a letter to the Director of the Department of Industrial
Relations (DIR) seeking comment on the current reporting
requirements and their relation to federal law. By letter
dated October 22, 2013, the Director of DIR responded and
explained why she did not feel that the current state law
reporting requirement needed to be changed. However, her
letter did state the following:
"Cal/OSHA and the Department of Industrial Relations both
agree that the regulation is due to be modernized, such as
Hearing Date: June 11, 2014 AB 326
Consultant: Alma Perez-Schwab Page 2
Senate Committee on Labor and Industrial Relations
replacing 'telegraph' with 'e-mail.' We do not agree,
however, that it should be watered down to the federal
standard."
Therefore, the author amended the bill to delete the prior
contents and simply make the aforementioned update replacing
the term "telegraph" with "e-mail."
2. Proponent Arguments :
None received.
3. Opponent Arguments :
None received.
SUPPORT
None received
OPPOSITION
None received
Hearing Date: June 11, 2014 AB 326
Consultant: Alma Perez-Schwab Page 3
Senate Committee on Labor and Industrial Relations