January 24, 2003—Any employer who fails to report a serious injury or illness of an employee to Cal/OSHA within eight hours of its occurrence now faces a minimum penalty of $5,000. A serious injury or illness is defined as amputation of a member of the body, disfigurement, or in-patient hospitalization for more than 24 hours for other than observation.
Provisions of Assembly Bill (AB) 2837, which include the substantial increase in penalties for employers who don’t report—up from $500—took effect January 1, 2003, and are being implemented by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA).
Employers must report the name and location of the injured person, the nature of the injury or illness, a description of the accident including its time and date, the employer’s name, address, and telephone number and other relevant information to the nearest Cal/OSHA office by phone or fax within eight hours.
AB 2837 also provides that an employer, officer, management official, or supervisor who knowingly fails to report a death to Cal/OSHA or knowingly induces another to do so is guilty of a misdemeanor and will face a penalty of up to one year in jail, a fine of up to $15,000, or both. If the violator is a corporation or a limited liability company, the fine could be up to $150,000. Cal/OSHA offers free consultative assistance to employers. For more information call 800/963-9424 or visit Cal/OSHA.
