Cal/OSHA Appeals Board Makes it Official – If You Fail To Report A Serious Injury –To OSHA – No Matter Why – You Must Pay $5,000 Fine

16 Jan

The only way to protect your company is to post the Cal/OSHA District Office phone number right next to the 911 or local ambulance phone number on your work emergency phone list! If you or one of your employees call for emergency assistance to help an injured or ill employee, such as to a local fire department, ambulance service, etc. and one of your employees is taken from your work site to an emergency room or hospital. DO NOT WAIT, CALL CAL/OSHA RIGHT THEN. YOU HAVE ONLY 8 HOURS!
In many localities, an ambulance service that transports an injured or ill employee to a hospital or the hospital that treats the employees will report the incident to the local OSHA office, even though there is no legal obligation to do so. If a serious injury occurs at your facility, you should assume that OSHA will be conducting an inspection
And new OSHA Appeals Board decisions state that $5,000 penalty for failure to report is mandatory for an employer’s failure to report a serious injury. There is no penalty of “over reporting”.
The Rule: If an employee is killed, hospitalized overnight, has an amputation or is disfigured, at work, the employer is required to report the event to OSHA. (Title 8 California Code of Regulations (CCR) section 342(a))
Who: The employer (via manager or supervising employee) must make this call. A call by the local fire department, EMT or your insurance agent is not enough.
When: The report must be made within eight hours of the point in time when the employer becomes aware of the injury or should have (this means keeping track of your employees’ condition post incident is required). The eight hours includes evenings and weekends.
Why: From OSHA’s perspective, the report is required to allow OSHA to quickly investigate hazards and make sure there is no danger of further injury.
What: What is serious? The regulations (Title 8 CCR section 330(h)) take a lot of the guesswork out of this. An injury is serious when it involves an amputation, permanent disfigurement (think scarring or crushing injury) and / or more than 24 hours of hospitalization for something, anything, other than observation.
Where: The report must be made to the OSHA office closest to the place of the incident. A list of offices is available at: http://www.dir.ca.gov/dosh/DistrictOffices.htm

Be ready to tell Cal/OSHA:
• Time and date of accident
• Employer’s name, address and telephone number
• Name and job title of person reporting the accident
• Address of site of accident or event
• Name of person to contact at site of accident
• Name and address of injured employee(s)
• Nature of injury
• Location where injured employee(s) was-were moved
• List and identity of other law enforcement agencies present at the site of accident
• Description of accident and whether the accident scene or instrumentality has been altered

One Response to “Cal/OSHA Appeals Board Makes it Official – If You Fail To Report A Serious Injury –To OSHA – No Matter Why – You Must Pay $5,000 Fine”

  1. casie perlaez February 21, 2017 at 6:05 am #

    Informative ideas ! For what it’s worth , if your business has been looking for a DoL OSHA 301 , I found a blank document here https://goo.gl/us5llH.

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