California has enacted legislation (Assembly Bill 1804) that will amend rules for reporting an employee's serious injury, illness, or death to the state. The state also enacted legislation (Assembly Bill 1805) that will amend the definition of "serious injury or illness." Both laws take effect Jan. 1, 2020.
Background:
Under existing state law, employers must immediately report a serious workplace injury, illness, or death to the Division of Occupational Safety and Health by telephone or email.
Assembly Bill 1804:
Under Assembly Bill 1804, employers must immediately report a serious occupational injury, illness, or death by telephone or through a specified online mechanism established by the division for this purpose. Until the division has made the online mechanism available, the employer is permitted to make the report required by telephone or email.
Assembly Bill 1805:
Assembly Bill 1805 amends the definition of "serious injury or illness" as any injury or illness occurring in a place of employment, or in connection with any employment, that requires inpatient hospitalization, for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement. It does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.
Compliance Recommendations:
California should review their procedures to ensure compliance with Assembly Bill 1804 and Assembly Bill 1805.
Please contact your dedicated service professional with any questions.