cal/osha recordkeeping work-related injuries & illnesses
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DESCRIPTIONCal/OSHA Recordkeeping Work-Related Injuries & Illnesses. California Code of Regulation, Title 8, Section 14300. Organization of the Rule. Purpose - 14300 Scope - 14300.1 & 14300.2 Forms and Recording Criteria - 14300.4 - 14300.29 Other Requirements - 14300.30 - 14300.38 - PowerPoint PPT Presentation
Cal/OSHA RecordkeepingWork-Related Injuries & IllnessesCalifornia Code of Regulation, Title 8, Section 14300
Organization of the RulePurpose - 14300Scope - 14300.1 & 14300.2Forms and Recording Criteria - 14300.4 - 14300.29Other Requirements - 14300.30 - 14300.38Reporting to the Government - 14300.39 - 14300.42Transition from the Formal Rule - 14300.43 - 14300.45Definitions - 14300.46
14300 - PurposeRequires recording of work-related fatalities, certain injuries and illnesses
Note:Recording of work-related fatalities, injuries and illnesses does not mean that the employer or employee was at fault, that a Cal/OSHA rule has been violated, or that the employee is eligible for workers compensation or other benefits.
Recording versus ReportingRecording Partial exemptions (sections 14300.1 & 14300.2), based on various SIC codes or size of company (i.e., do not have to record work-related fatalities, injuries, and illness on the Cal/OSHA Form 300)Reporting No exemptions, all employers must report:immediately any serious occupational injury, illness or death to the Division of Occupational Safety and Health (DOSH), as required by Title 8, Section 342; and occupational injury, illness to the Division of Labor Statistics and Research (DLSR).
14300.1 - Partial Exemption for Smaller EmployersIf the organization has ten (10) or fewer employees at all times during the last calendar year (i.e. peak employment), they are not required to keep records.
Count of 10 or fewer employees includes :Employment for the entire organizationTemporary employees supervised on a day-to-day basis
14300.2 - ScopeExamples of Industries Coveredagriculture, mining, constructionmanufacturing, transportation, communicationelectric, gas and sanitary serviceswholesale trade
14300.2 - Partial Exemption for Establishments in Certain IndustriesApplies to some low-hazard establishments in certain retail, services, finance, insurance or real estate sectors: (Both public or private sector employers)Partial exemption based on SIC code of individual establishments not the entire company
Within the same company some individual establishments may be required to keep records and some may not.
14300.2 - Partial Exemption for Establishments in Certain Industries Partial Exemption - means that OSHA, the Bureau of Labor Statistics, or a state agency operating under the authority of OSHA, may specifically request in writing an otherwise exempt employer to record occupational injuries and illnesses. No employer is exempt from complying with such a request.
Table 1 - Partially Exempted Industries in California525 Hardware stores542 Meat and fish markets544 Candy, nut, and confectionary stores545 Dairy products stores546 Retail bakeries549 Miscellaneous food stores551 New and Used Car Dealers552 Used Car Dealers554 Gasoline Service Stations557 Motorcycle Dealers56 Apparel and Accessory Stores573 Radio, Television, & Computer Stores573 Radio, Television, & Computer Stores58 Eating and Drinking Places591 Drug Stores & proprietary Stores592 Liquor Stores594 - Miscellaneous shopping goods Stores599- Retail Stores , Not elsewhere classified60 - Depository Institutions (banks & savings institutions)61 - Nondepository62 - Security and Commodity Brokers63 - Insurance Carriers
729 - Miscellaneous Personal Services731- Advertising Services732- Credit Reporting and collection Services733 - Mailing, Reproduction and Stenographic Services737 - Computer and Data Processing Services738 - Miscellaneous business Services Producers, orchestras, entertainers764 Reupholstery and furniture repair782 - Motion Picture Distribution and Allied Services783 - Motion picture theaters64 - Insurance Agents, Brokers & Services653 - Real Estate Agents and managers654 - Title and Abstract Offices67 - Holding and Other Investment Offices722 - Photographic Studios, Portrait723 - Beauty Shops724 - Barber Shops725 - Shoe Repair and shoeshine Parlors726 - Funeral Service and CrematoriesTable 1 - Partially Exempted Industries in California
784 - Video Tape Rental791 Dance studios, schools, and halls 792 Producers, orchestras, entertainers793 Bowling centers801 Offices and clinics of medical doctors802 Offices and clinics of dentists803 Offices of Osteopathic Physicians804 Offices of other health care practitioners807 Medical and dental Laboratories809 Health and allied services, NEC81 - Legal Services82 - Educational Services (schools, colleges, universities and libraries)832 - Individual& Family Services835 - Child Day Care Services 839 - Social Services, Not Elsewhere Classified841- Museums and Art Galleries86 - Membership Organizations87 - Engineering, Accounting, Research, Management and Related Services899 - Services, Not Elsewhere ClassifiedTable 1 - Partially Exempted Industries in California
14300.2 - SIC Code 781, Motion Picture Production and Allied ServicesIn California, establishments in SIC Code 781 (Motion Picture Production and Allied Services) are required to record Federal OSHA does not require these establishments to record Note: This is the only difference between the list of establishments shown in Table 1 and the list shown in the equivalent federal rule (29 CFR 1904.2)
14300.3 - Keeping Records forMore than One AgencyRecords kept for another government agency meet the OSHA recordkeeping requirements if:
A memorandum of understanding between the two agencies stating the other agencys records are acceptable; or
The other agencys records contain the same information
14300.4 - 14300.29Forms and Recording Criteria
Recording Criteria14300.4 - Recording Criteria14300.5 - Work-relatedness14300.6 - New case14300.7 - General recording criteria14300.8 - Recording Criteria for Needlesticks and Sharps Injuries14300.9 - Recording Criteria for Medical Removal Under Cal/OSHA Standards14300.10 - Recording Criteria for Cases Involving Occupational Hearing Loss14300.11- Recording Criteria for Work-related Tuberculosis Cases14300.12 - Recording Criteria for Cases Involving Work-Related Musculoskeletal Disorders14300.29 - Forms
14300.4 - Recording CriteriaCovered employers must record each fatality, injury or illness that is:work-related, and a new case, andmeets one or more of the general (i.e.,14300.7) or specific (14300.8 - 14300.12) recording criteria
14300.4 - Recording Criteria
14300.5 - Determination of Work-Relatedness14300. 5(b)(4) Significant Aggravation
14300. 5(b)(5) Pre-Existing Condition
14300.5 (b)(6) Travel Status
14300.5(b)(7) Work at Home
14300.5 - Determination of Work-RelatednessA case is considered work-related if an event or exposure in the work environment:either caused or contributed to the resulting injury or illness, orsignificantly aggravated a pre-existing injury or illness
Work-relatedness is presumed unless an exception in section 14300.5(b)(2) specifically applies
14300.5 - Determination of Work-RelatednessWork environment - means the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes:
the physical location of workthe equipment or materials used by the employee during the course of his or her work
14300.5(b)(2) - Work-Relatedness ExceptionsThe injury or illness was caused by:the individual: voluntarily participating in a wellness program, medical, fitness or recreational activityeating, drinking or preparing food or drink for personal consumptionperforming personal tasks (unrelated to their employment) outside assigned working hourspersonal grooming or self medication for non-work-related conditionan intentionally self-inflicted act
14300.5(b)(2) - Work-Relatedness Exceptions (cont)The injury or illness was caused by:a motor vehicle accident in parking lot or access road during commutea common cold or fluSymptoms surface at work that are solely due to non-work-related event or exposureThe employee was present in the work environment as a member of the general publicThe employee has a mental illness (unless the employee comes forward with an opinion from an Health Care Provider with appropriate training and experience that the employee has a mental illness that is work related)
14300. 5(b)(4) - Significant AggravationA pre-existing injury or illness is significantly aggravated when an event or exposure in the work environment results in any of the following (which would not have occurred but for the occupational event or exposure):DeathLoss of consciousnessOne or more days away from work, or of restricted work, ora job transferMedical treatment or a change in medical treatment
14300. 5(b)(5) - Pre-Existing Condition A pre-existing condition is an injury or illness which resulted solely from a non-work related event or exposure occurring outside the work environment.
14300.5 (b)(6) - Travel Status and Work-RelatednessAn injury or illness that occurs while an employee is on travel status is work-related if it occurred while the employee was engaged in work activities in the interest of the employerExamples :entertainment to transact, discuss or promote business at the direction of the employertraveling to / from customer contacts conducting job tasks
14300.5 (b)(6) -Travel Status and Work-Relatedness An injury or illness that occurs while an employee is on travel status is not work-related if the employee:
is on a detour for personal reasons which are not work-related, orestablishes a temporary residence (e.g. checks into a hotel/motel) and the