Archive | December, 2019

State Changes Serious-Injury Report Criteria, Moves to Eliminate Email Requests

17 Dec
Report of Work Injuiry

New laws that take effect at the start of 2020 will change how employers report accidents to the California Division of Occupational Safety and Health and revise the criteria for determining which serious job site occupational injuries, illnesses and deaths employers need to disclose.

Lawmakers during the 2019 session enacted AB 1804, which changes the reporting requirement and directs employers to immediately disclose incidents via telephone or through a new online portal created by Cal/OSHA. Employers may continue to send incident reports by email until the agency launches the new site.

The Legislature also enacted AB 1805, amending definitions that legislators argue will provide clarity to employers when reporting workplace injuries.

One amendment is the definition of “serious injury or illness.” The law removed the 24-hour minimum time requirement for qualifying hospitalizations in which an employee suffers the loss of a body part or suffers permanent disfigurement. This excludes stays for medical observation or diagnostic testing.

The law replaces “loss of any member of the body” with “amputation,” and includes the loss of an eye as a qualifying injury. AB 1805 also revises the definition of “serious exposure” by including that the exposure of an employee should create a “realistic possibility” — instead of the current “substantial probability” — of death or serious bodily harm.

The law eliminates the exclusion of an injury or illness caused by certain violations of the Penal Code, and narrows the inclusion of accidents on a public street or highway found to have occurred only in a construction zone.

CalWorkSafety, LLC can provide training for your supervisors and employees on this topic or other safety compliance issues.

Compliance Actions Employers Must Know About McDonald’s Class Action Lawsuit

3 Dec
CA McDonalds Wage-19
An estimated 38,000 McDonald’s California cooks and cashiers won a $26 million settlement in a class-action suit alleging they were not paid overtime wages at corporate-run stores. The settlement also claims workers were denied access to full meal breaks and rest periods when the restaurants were busy and had to clean and iron their own uniforms without reimbursement.
Important Lessons for all California Employers Based on This Case:
To Comply with California Law By:
  • Creating a mechanism for paying the one-hour wage premium to every worker each day when an employer fails to provide them a timely full-meal period or rest break
  • Allowing employees to leave the workplace during their meal periods without restriction or threat of discipline
  • Maintaining detailed electronic time records that accurately track the time and duration of each meal period and rest break; (note this includes rest breaks which are normally not recorded – along with meal period time off) Do not use automatically recorded breaks – use actual time.)
  • Schedule rest breaks as close to the mid-point of the first 4 hours of work as possible. No longer making workers take rest breaks as soon as their shift starts or ends out of convenience to the store, rather than the worker. California law dictates the break should be as close to the mid-point as possible  (rest breaks and meal periods need to be scheduled by the supervisor- not allow “when the employee chooses or wishes.)
  • Provide training to managers and employees about the changes agreed to in the settlement. (A key as many managers and supervisors do not know company policy or the law regarding meal periods and rest breaks.)
The settlement is the highest ever against McDonald’s over wage theft in the U.S. and comes after nearly seven years of litigation in trial and appellate courts and extended settlement negotiations.
CalWorkSafety helps you review your compliance with rest breaks and meal periods to avoid the penalty of 1-hour of pay each day when rest breaks and meals are not allowed on a timely basis:
  1. Rest break for every 4 hours or major portion thereof
  2. Meal period of 30 minutes no later than the end of the 5th hour of work
  3. Do not combine rest breaks and meal periods

If you have questions about this important new regulation Contact CalWorkSafety and speak with one of our consultants about your questions or concerns.

CalWorkSafety Helps companies prepare for Cal/OSHA
compliance, training, inspections, citations or written plans.
Contact us today and speak to one of our Consultants:
Call: 949-533-3742 or email: