Update on Recording and Reporting of Occupational Injuries and Illnesses

The California Division of Occupational Safety and Health (Cal/OSHA) proposed readopting the emergency regulations regarding the electronic recording and reporting of occupational injuries and illnesses.  Re-adoption of the emergency regulations was approved by the Office Administrative Law (“OAL”) on April 25, 2019.  This emergency regulatory action was made effective on May 1, 2019 and will expire on July 31, 2019.  The certificate of compliance for this action is due no later than July 31, 2019.

The adopted emergency amendments to sections 14300.35 and 14300.41 of Title 8 of the California Code of Regulations clarify existing laws that require designated employers in California to submit electronically occupational injury and illness information to the federal Occupational Safety and Health Administration (“OSHA”).  The proposed amendments would require affected employers to submit the information to OSHA by March 2 of the year after the calendar year covered by the form 300A.  So, information for 2019 must be submitted by March 2, 2020.

Cal/OSHA will hold an advisory committee meeting regarding the proposal to make permanent the emergency regulations action on June 27, 2019.  Meantime, employers should remain persistent with respect to accurately recording workplace injuries and illnesses.  The Cohen Group will keep you posted on recommendations made by the Advisory Committee and whether their recommendations are ultimately adopted by the Standards Board.