Cal. Code Regs. tit. 8 § 342

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 342 - Reporting Work-Connected Fatalities and Serious Injuries

(a) Every employer shall report immediately to the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment. The report shall be made by the telephone or through a specified online mechanism established by the Division for this purpose. Until the division has made such a mechanism available, the report may be made by telephone or email.

Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.

Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.

(b) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury, or illness, or death occurs, the nearest office of the Division of Occupational Safety and Health shall be notified by telephone immediately by the responding agency.

(c) When making such report, the reporting party shall include the following information, if available:

(1) Time and date of accident.

(2) Employer's name, address and telephone number.

(3) Name and job title, or badge number of person reporting the accident.

(4) Address of site of accident or event.

(5) Name of person to contact at site of accident.

(6) Name and address of injured employee(s).

(7) Nature of injury.

(8) Location where injured employee(s) was (were) moved to.

(9) List and identity of other law enforcement agencies present at the site of accident.

(10) Description of accident and whether the accident scene or instrumentality has been altered.

(d) The reporting in (a) and (b) above, is in addition to any other reports required by law and may be made by any person authorized by the employers, state, county, or local agencies to make such reports.

Cal. Code Regs. Tit. 8, § 342

1. New Article 3 (Section 342) filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).
2. Certificate of Compliance filed 10-25-74 (Register 74, No. 43).
3. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).
4. Amendment of subsection (a), repealer of subsection (d) and relettering of subsection (e) to subsection (d) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).
5. Amendment of subsection (a) and new subsection (c)(10) filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).
6. Amendment of subsection (a) filed 5-22-87; operative upon filing (Register 87, No. 22). (p. 8.24.6.2.1)
7. Amendment of subsection (a) filed 8-2-96; operative 9-1-96 (Register 96, No. 31).
8. Change without regulatory effect amending subsections (a) and (c) and amending NOTE filed 1-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 5).

Note: Authority cited: Sections 60.5, 6308 and 6409.1, Labor Code. Reference: Sections 6302(h), 6307, 6308, 6313 and 6409.1, Labor Code.

1. New Article 3 (Section 342) filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).
2. Certificate of Compliance filed 10-25-74 (Register 74, No. 43).
3. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).
4. Amendment of subsection (a), repealer of subsection (d) and relettering of subsection (e) to subsection (d) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).
5. Amendment of subsection (a) and new subsection (c)(10) filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).
6. Amendment of subsection (a) filed 5-22-87; operative upon filing (Register 87, No. 22). (p. 8.24.6.2.1)
7. Amendment of subsection (a) filed 8-2-96; operative 9-1-96 (Register 96, No. 31).
8. Change without regulatory effect amending subsections (a) and (c) and amending Note filed 1-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 5).