Cal/OSHA Updates: AB 1804 Changes How Injuries and Illnesses Are Reported

Author, Emily Marasso, Media Communications Assistant, Rancho Mesa Insurance Services, Inc.

As of January 1, 2020, California Assembly Bill 1804 (AB 1804) changed how an employer reports a serious employee injury or illness to Cal/OSHA. The bill removes the option to submit the report via email and replaces it with an “online mechanism,” according to Labor Code section 6409.1 (b). Reports may continue to be made via phone.

Until Cal/OSHA implements an online mechanism for collecting serious injury and illness reports like Fed/OSHA, emailed reports will be accepted. However, reports submitted by phone are always recommended over an emailed report. Reports submitted via phone or an online mechanism allows Cal/OSHA to ensure vital information is collected that is necessary to evaluate the seriousness of the injury or illness.  

Cal/OSHA has not provided an estimated implementation date for the online report submission option.

As a reminder, California employers are required to report serious injury or illness of employees immediately. Serious injuries or illnesses must be reported as soon as practically possible. Deaths must be reported within 8 hours. All other injuries or illnesses must be reported once the employer learns of or should have known of the serious injury or illness.

New Law Changes Which Injuries Must Be Reported

Author, Daniel Frazee, Executive Vice President, Rancho Mesa Insurance Services, Inc.

A new California law, Assembly Bill 1805 (AB 1805), changes when employers are required to report serious workplace injuries to the California Division of Occupational Safety and Health (Cal/OSHA). The law now broadens the scope of what will be classified as a serious illness, injury or exposure. Many believe this change will increase the number of workplace accidents that will have to be reported in 2020.

The definition of “serious injury or illness” has, for many years, been defined as an injury or illness that requires inpatient hospitalization for more than 24 hours of treatment, or if any employee suffers a “loss of member” or serious disfigurement. The definition has excluded hospitalizations for medical observation. Regulations also excluded from reporting requirements any serious injury caused by a criminal assault and battery or a vehicle accident on a public road or highway.

AB 1805 aligns California’s rules more closely with Federal OSHA regulations for reporting. More specifically:

Rules

The following will need to be reported to Cal/OSHA:

• Any inpatient hospitalization (even less than 24 hours),

• An inpatient hospitalization is required for something “other than medical observation or diagnostic testing,”

• Employers must report any “amputation” (even if the tip of a finger is cut off) to Cal/OSHA. This replaces the terminology “loss of member;”

• The loss of an eye,

• Serious injuries or deaths caused by a criminal assault and battery,

• The exclusion for injuries from auto accidents on a public street or highway remains in effect.  However, accidents that occur in a construction zone must now be reported.

Compliance (related directly to serious injuries and illnesses or fatalities)

In order to say in compliance:

• The report must be made within 8 hours of the employer knowing, or with “diligent inquiry” should have known, about the serious injury/illness.

• The report must be made by PHONE to the nearest Cal/OSHA district office.

For more details on how these changes may impact your company’s IIPP, please contact me at (619) 937-0172.

CAL/OSHA Emergency Rule Adopted for Wildfire Smoke

Author, Drew Garcia, Vice President, Landscape Group, Rancho Mesa Insurance Services, Inc.
Author, Steve Hamilton, Loss Control Supervisor, Berkshire Hathaway Homestate Companies.

On Thursday, July 17 2019, the California Occupational Safety & Health Standards Board voted to adopt an emergency standard requiring employers to take action when air quality particulate matter measures greater than 150 and when there is reasonable expectation that employees will come in to contact with wildfire smoke. 

While this may seem new to many employers, it is technically an extension of regulations currently in place including the respiratory protection standards for employees and the need to address identified hazards in the workplace. As an employer it is critical that you follow the hierarchy of controls to ensure your employees’ safety in the field. If possible, eliminate the hazard by shutting down the workforce for the day. Employees should remain indoors until particulate levels fall to acceptable. If this is not possible, try to limit the workday by rotating employees who must work outdoors, remaining cognizant of the hazards in the air and allowing employee’s time to recover in appropriate indoor areas. If neither of these options are possible, consider providing N95 respiratory protection masks. 

Please remember that any type of respiratory protection provided to employees must also be accompanied by applicable training, pulmonary exams, communication on proper usage/storage and others. Links to the applicable programs can be found at this address along with sites to help you monitor air quality: https://www.dir.ca.gov/dosh/Worker-Health-and-Safety-in-Wildfire-Regions.html

This site has additional training resources in English and Spanish, handouts on proper usage of N95 masks and the history of the standard as it has been submitted. Cal/OSHA wants you to have the resources you need to effectively address the risk potential.

At this point, the regulation is on its way to the Office of Administrative Law for approval and if deemed compliant, it will go into effect 10 days after it is received. This would mean the regulation could go into effect before August.

An advisory committee will meet August 27, 2019 to begin work on a permanent version of the regulation.

If you have any questions about ways to enhance regulatory compliance, please reach out to your local resources including your insurance agent, workers’ compensation insurance safety professionals, and Cal/OSHA Consultation.

Cal/OSHA Issues Electronic Filing Requirement For 2017 OSHA 300A Form

Author, Alyssa Burley, Client Services Coordinator, Rancho Mesa Insurance Services, Inc.

In April 2018, federal OSHA announced all affected employers are required to submit injury and illness data (i.e., Form 300A data) via the Injury Tracking Application (ITA) online portal by July 1, 2018, even if the employer is covered by a state plan like those in California, Maryland, Minnesota, South Carolina, Utah, Washington or Wyoming.

Cal/OSHA then issued a statement in May 2018, advising affected employers “to comply with federal OSHA’s directive to provide Form 300A data covering calendar year 2017," even though it was not a Cal/OSHA requirement.

“On November 1, 2018,” according to the Cal/OSHA website, “the Office of Administrative Law approved the emergency action. This means that the employers in California described below are now required to submit Form 300A data covering calendar year 2017 by December 31, 2018. These employers should follow the instructions posted at federal OSHA's ITA website:

Check Appendix H for your industry. It includes industries like: Construction; Community/Nursing/Residential Care facilities; Community Food/Housing Relief Services; and many more.

• All employers with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations

• Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.”

This emergency action by the Office of Administrative Law brings Cal/OSHA’s requirements up to the federal OSHA’s minimum standards, with one difference. Federal OSHA required affected employers covered by state plans to submit the 2017 Form 300A data electronically by July 1, 2018, while this new action requires affected California employers to submit the data by December 31, 2018.

Since the Federal OSHA deadline has already passed, it is recommended that all affected employers in California who have not already submitted the 2017 Form 300A data via the ITA, submit it as soon as possible, but no later than December 31, 2018.

Next year, the deadline for electronically submitting 2018 Form 300A data will be March 2, 2019.

Rancho Mesa has put together a 9-minute tutorial video on how to generate the electronic Form 300A data file from the Risk Management Center, that can be uploaded to the ITA website for reporting the data.

For questions about how to track the injury and illness data in the Risk Management Center, contact Alyssa Burley at (619) 438-6869.

Key Steps to Take Before, During, and After an OSHA Inspection

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

An OSHA officer can show up to your facility or worksite for any number of reasons: employee complaints, accidents, programmed inspections, sweeps, follow-up or a drive-by observation. In order to ensure a smooth inspection, we suggest you prepare before OSHA appears at your door. Here are some key steps to take before, during and after an OSHA inspection.

Before the Inspection

Every company should have a formal plan in place detailing what should be done before, during and after an OSHA inspection. This procedure should be site specific and available to all supervisors. Site specific information should include company contacts for the project if OSHA arrives, location of documents like OSHA 300 logs and the Injury and Illness Prevention Program (IIPP).  

Upon arrival of the OSHA inspection officer, the company should verify the officer’s credentials and try to determine why they are at the site. Before the opening conference begins, the employer should assign specific individuals to be the note taker and the photographer. It is also extremely important to remind everyone involved to be professional and treat the compliance officer with respect.

During the Inspection

Opening Conference: During the opening conference, you will want to establish the scope of the inspection, the reason for the inspection, and the protocol for any employee interviews or production of documents. If the inspection is triggered by an employee complaint, the employer may request a copy.

Physical Inspection: During the inspection, the OSHA compliance officer will conduct a tour of the worksite or facility in question to inspect for safety hazards. It is likely pictures will be taken by the compliance officer. Instruct your photographer to also take the same pictures and possibly additional pictures from different angels while the note taker should take detailed notes of the findings.

Closing Conference: At the closing conference, the OSHA compliance officer typically will explain any citations, the applicable OSHA standards and potential abatement actions and deadlines. It is important that during this process the company representative takes detailed notes and asks for explanations regarding any violations. If any of the alleged violations have been corrected, you will want to inform the OSHA compliance officer.

After the Inspection

If you are told no citations will be issued, contact the compliance officer and obtain a Notice of No Violation after Inspection (Cal/OSHA 1 AX). If you receive a citation, it is important to take immediate action because a company only has 15 working days after the inspection to notify the Appeals Board, if they choose to appeal the citation. Citations can be issued up to six months after the inspection, so it is important to watch your mail closely during this time.

For a proactive approach to OSHA inspections, contact the Consultation Services Branch for your state (i.e. Cal/OSHA) or Federal OSHA Consultation. They will be able to provide consultative assistance to you through on-site visits, phone support, educational materials and outreach, and partnership programs. 

Register for the "How to Survive an OSHA Visit" webinar hosted by KPA on Monday, June 25, 2018 from 11:00 am - 12:00 pm PST to learn about what OSHA looks for during an inspection.

For additional information, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.