Many of us know that as California based employers you have a responsibility to contact Cal/OSHA to report any serious injury, illness, or death (Title 8, Section 342). Even though Title 8, Section 330 (h) clearly defines what and when to report work related injuries we still struggle with when to call if a case is not believed to be work related.
Section 342 under (b) requires any state, county, or local fire or police agency that responds to a serious incident involving an employee to report the call to Cal/OSHA. This however does not release the employer of the responsibility to also report the incident.
So, if you’re scratching your head like the rest of us, it’s a good rule of thumb to contact Cal/OSHA in all cases where emergency responders are summoned when a staff member is involved. Be certain to explain your position about whether the incident appears work related when you call. If you don’t, Cal/OSHA will be left with their opinion of the Emergency Responders report which may not provide enough detail to determine whether the injury or illness is work related. Lack of pertinent information could cause Cal/OSHA to raise the priority of the report and increase the likelihood of an on-site visit.