Changes to Cal/OSHA Reporting Requirements Go Into Effect January 1, 2020, Department of Justice Issues Updated Guidance on Evaluation of Corporate Compliance Programs, OSHA Publishes Enforcement Guidance on Recording Cases of COVID-19. Reportable illnesses are not limited to instances when the employee becomes ill at work. 1904.39, OSHA’s Fatality and Serious Injury Reporting Rule, which requires employers to report to OSHA certain in-patient hospitalizations, may seem straightforward, but there are several nuances employers routinely miss that affect the determination whether a hospitalization is actually reportable to OSHA. (See. Effective January 1, 2020, the following changes to Cal/OSHA’s rule go into effect: The full text of the new “serious injury or illness” definition is: 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, but 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. Loss of an eye will be included as a reportable injury. Injuries or illnesses occurring in a construction zone will be included (thereby narrowing the public street or highway exception). Cal/OSHA has posted the following resources to help employers comply with these requirements and to provide workers information on how to protect themselves and prevent the spread of the disease. Learn details and how to report online or by phone. Under 29 CFR 1904.39(b)(6), employers are only required to report in-patient hospitalizations to OSHA if the hospitalization "occurs within twenty-four (24) hours of the work-related incident." On July 15, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published a new interpretation of the hospitalization reporting requirement of 29 C.F.R. Whether the employee had work-related contact with anyone who exhibited signs and symptoms of COVID-19. Under the 2015 rule, employers must report to OSHA within 24 hours of any work-related incident that results in the hospitalization of one or more employees, an employee's amputation, or … Cal/OSHA recommends erring on the side of recordability. Restricted work or transfer to another job. No. Currently, under CalOSHA, employers are required to “immediately” (as … Not recordable for Cal/OSHA purposes are days away from work solely spent in quarantine with no work-related illness. On January 1, 2020, changes to Cal/OSHA’s reporting requirements will go into effect. 3. A serious illness includes, among other things, any 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. Report a Fatality or Severe Injury All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. 01/01/2016. For cases of COVID-19, the term "incident" means an exposure to SARS-CoV-2 in the workplace. See California Code of Regulations, title 8, Chapter 7, Subchapter 1, Article 2, Employer Records of Occupational Injury or Illness for details on which employers are obligated to report and other requirements. What if the employee became sick at work but the illness is not work-related? CCR Title 8, Section 14300. Importantly, however, employers can continue to report by email until CalOSHA establishes the online mechanism – which it has yet to do. For COVID-19 cases, evidence suggesting transmission at or during work would make a serious illness reportable. An employer should consider factors similar to those described above in the answer to Question 3: Even if an employer cannot confirm that the employee contracted COVID-19 at work, the employer should report the illness to Cal/OSHA if it results in in-patient hospitalization for treatment and if there is substantial reason to believe that the employee was exposed in their work environment. OSHA has only filed one citation for a recordkeeping violation thus far. California employers must report to Cal/OSHA a COVID-19 illness that occurs in connection with work within eight hours of when the employer knew or should have known of the illness. When must employers comply? The regulatory requirement at 29 C.F.R. Cal/OSHA cited 18,896 hazards and created safer working conditions for at least 8.4 million employees. As required by Title 8 regulations, section 342, you must include the following information in your phone call, if available: Time and date of accident/event. It should be noted that even employers who are exempt from recordkeeping must report a severe injury if it meets this criteria. “Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement. For assistance with developing a COVID-19 Prevention Program, employers may contact For more information on this or any related topic please contact the authors, your Seyfarth attorney, or any member of the Seyfarth Workplace Safety and Health (OSHA/MSHA) Team. Physical distancing and other controls that impact the likelihood of work-related exposure. OSHA’s Recordkeeping Requirements During the COVID-19 Pandemic Accordingly. California requires that all fatalities and serious injuries or illnesses be reported within 8 hours. (See section 330(h).) State OSHA rules. Yes, California employers that are required to record work-related fatalities, injuries and illnesses must record a work-related COVID-19 fatality or illness Employers in California must report to Cal/OSHA any COVID-19 cases that result in an in-patient hospitalization or death of an employee if the illness either occurred in connection with work (i.e., the illness was caused by an exposure at work), or occurred in the place of employment (even if it is clearly not work-related). A fatality must be reported within 8 hours and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. There is an exclusion for injuries or deaths caused by a violation of the Penal Code or a vehicular accident on a public street or highway. An employer should report a serious illness if there is cause to believe the illness may be work-related, regardless of whether the onset of symptoms occurred at work. Is time an employee spends in quarantine considered “days away from work” for recording purposes? Currently, employer’s may submit reports by email. Most infectious diseases are not recordable or reportable under OSHA regulations for many reasons. What if an employee started to show symptoms outside of work? The exclusion for Penal Code violations will be eliminated. As most employers with California operations know, Cal/OSHA has unique injury/illness reporting requirements that differ from the Federal OSHA reporting requirements. Address of accident/event site. Cal/OSHA’s emergency regulations requiring employers to protect workers from hazards related to COVID-19 are now in effect, following their approval … Employer's name, address and telephone number. These differences are important, and unawareness or confusion about them can lead to liability. Effective January 1, 2020, some changes were made to Cal/OSHA’s reporting requirements: The 24-hour minimum time requirement for hospitalizations was removed, making it so that any hospitalization following a workplace injury/illness is deemed reportable, excluding those for medical observation or diagnostic testing. A serious injury or illness is defined as one in which a part of the body is lost or permanent disfigurement occurs, or one that requires hospitalization of 24 hours or more. OSHA Tweets Out a Reminder - Summary of Work-Related Injuries and Illnesses Form 300A for Calendar Year 2019 are Due March 2, Six States Sue - Alleging that Trump Administration Electronic Reporting Rule is Unlawful, Cal/OSHA Stakeholder Meeting on COVID-19 ETS Rules, Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause, CDC Revises Guidance to Reduce COVID-19 Quarantine Time, Cal/OSHA Approves Emergency Temporary COVID-19 Standard, Not So Happy Thanksgiving? Understand requirements for reporting worker cases to Cal/OSHA. Cal/OSHA recently adopted new COVID-19 requirements for all employers beginning Nov. 30, 2020. As background, under Federal law, employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. Reporting Requirements Q1: When do employers have to report COVID-19 illnesses to Cal/OSHA? These changes will bring Cal/OSHA’s reporting requirements more in line with Federal OSHA, but differences will still remain. Cal/OSHA regulations require that employers must report any. The type, extent and duration of contact the employee had at the work environment with other people, particularly the general public. A fatality must be reported within 8 hours and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. For reporting purposes, if the employee became sick at work, it does not matter if the illness is work-related. Am I admitting to liability when I report a serious illness? These changes will bring Cal/OSHA's reporting requirements more in line with Federal OSHA, but differences will still remain. Reports must be made immediately, but not longer than eight hours after the employer knows or with diligent inquiry would have known of the serious illness. 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