State ali r i Office of Administrative Law

in re: Occupational Safety and Health(Cal-OSHA) D'~vis~on

Regulatory Action:

Title 08,California Code of Regulations

Adoptsections: Amend sections: 14300.35,14300.41 Repeal sections:

NOTICEOFAPPROVALOFEMERGENCY REGULATORY ACTION

GovernmentCode Sections 11346.1 and 11349.6

OAL.Matter Number:2019-0419-01

I OAL Matter Type:Emergency Readopt(EE)

The Division of occupational Safety and Health submitted.this emergency action to conform:regulations addressing the electronic recording and reporting of occupational injuries and illnesses with corresponding federal Occupational Safety and Health Administration regulations.

OALapproves this emergency regulatory action.pursuantto sections 11346.1 and 1.1349.6 ofthe GovernmentCode.

This emergency regulatory action is effective on 5/1/2p19and will expire on 7/31/2019. The Certificate of Compliance-for this action-is-due na la#er than 7/3012019. - - -

Date: April 25,2019 ~~,~~~,... Richard L.Smith Senior Attorney

For: Holly Pearson Acting Director

Original: Juliann Sum,Chief Copy: Willie N. Nguyen

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Departmentofindustrial Relations,Division ofOccupational Safety and Health AGENCY FILE NUMBER(Ifany}

A. PUBLICATION OF NOTICE (completefor publication in Notice Register)

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ta. SUBJECTOF REGULATION{S) ,

Recording and Reporting of Occupational Injuries and Illnesses

ib. ALLPREVIOUS RELATED OAL REGULATORY ACTION NUMBERtS)

2018-1025-2

2. SPEtIPY CALiFQRNIA CODEOF REGUI.A110N5TITEE(Sj AND Sc'CTION(5) pnduding tithe26,if Eoxiu related)

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Title 8,California Code of Regulations sections 14300.35 and 14300.41

TITLE{S} REPEAL

3. TYPEOF FILING

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filing(Gov.Code psi13493,

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Certificate ofCompliance:The agency o~cer named

below certifies thatthis agency complied with the

provisions of Gov.Code§§t 7346.2-113473 either

before the emergency regulation wasadopted or

within the time period required bystatute.

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emergencyfiling(Gov.Cade, §71346.1)

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S. EFFECTNE DAtEOFCHANGES{Gov.Code,§s11343.4,7 7 346.1{d?;dal.Code Regs.,title T,g100)

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SIGN E F AGENCY H OR DESIGNEE

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mailto:wnguyen@dir.ca.gov

DEP,~RTNTOFINI~UST I.RELATIONS DIVISIfJN OFOCCUPATIONALSAFETYANDI~EALTH

California CodeofRegulations

Title 8,Division 1,Chapter7,Subchapter 1,Article2,Sections 14300.35 and.14300.41.

§14300.35.Employee Involvement.

(a)Basic requirement.Youremployees and theirrepresentatives mustbe involved in the recordkeepingsystem in several ways.

(1)You mustinform each employee ofhow he or she is to report awork-related injury or illness to you.

(2)You mustprovide access to your injury and illness records for your employees and their representatives as described in paragraph(b)(Z)ofthis section.

(b}Implementation. (1)WhatmustI do to make sure that employees report work-related injuries and illnesses

to rne? {A)You mustset up a wayfar employees to report work-related injuries and

illnesses promptly and

(B)You must tell each employee how to report work-related injuries and illnesses to you.

(2)Do I have to give myemployees and their representatives access to the injury and illness records required by this article?

Yes.Your ernployee~,farmer employees,their persarial representatives,and their authorized employee representatives have the right to access the injury and illness records required by this article,with same limitations,as discussed below.

(A)Who is an authorized employee representative?

An authorized employee representative is an authorized collective bargaining agentofemployees.

{B)Who is a personal representative ofan employee orformer employee?

A personal representative is:

{0008189$.DOCX} 1

1.Any person that the employee orformer employee designates as such, in writing;or

2,Thelegal representative ofa deceased orlegally incapacitated employee orformer employee.

(C)Ifan employee or his or her representative asksfor access to the CaI/OSHA Form 300and.annualsummary when do I have.to provide it?

Wien an employee,former employee,personal.representative,or authorized. employeerepresentative asksfor copies of your currentorstored Cal/OSHA 340.formsor a current or stored annualsummaryfor an establishment the employee orformer employee has worked in, you mustgive the requester a copy of;the.relevant Cal/OSHA300forms and annualsummaries by the end ofthe next business day.

Exception:If your establishment is in NAICS Code5121,you must give the requester the information within seven(7)calendar.days..

(D)May Iremove the names ofthe employees or any other information from the Cal/ClSHA Form 300before I give copies to an employee,former employee, or employee. representative?

No.You mustleave the names on the Cal/OSHA Form 300.However,to protecttheprivacy ofinjured and illemployees,youmay not record the employee's name on the CaUOSHA Form 300for certain"privacy.concern cases"asspecified in Sections 143Q0.29~b)(6)through14300.29(b)(9).

(E)Ifan employee or representative asksfor access to the Cal/OSHA.301. Incident Report,when do I have to provide it?

1.When an employee,former.employee,or personal representative asks for a copy ofthe CaI/OSHA Form 301 Incident Report describing an injury or illness to that employee orformer employee,you must give tl~e sequester a copy ofthe Cal/fJSHA301. Incident Report containing thatinformation by the.end ofthenext business day.

Exception:If your establishment is in NAICSCode5121,you must give the :requester the information within seven(7)calendar days.

2.When an authorized employee representative asksfor copies ofthe Cal/OSHA301 Incident Reports or equivalentfarmsfor an establishment where the agent represents employees under a collective bargaining agreement,.you must.give copies ofthoseforms to the authorized employee representative within seven.(7)calendar days but. with the following personally identifying information deleted:

1.Name;

{00081898.DOCX} 2

2.Address;

3.Date ofbirth;

4.Dateofhire;

5.Gender;

6.Name ofphysician;

7.Location wheretreatment was provided;

8.Whether the employee was treated in an emergency room;.and

9,Whether the employee was hospitalized overnight as an in-patient.

(F)May I charge for the copies?

No..You may not charge.for these copies the first time they are provided, However,ifane ofthe designated persons asksfor additional copies,you may assess a reasonable charge for retrieving and.copying the records.

(c)With the exception ofprovisions to protect the privacy ofemployeesin subsections(b)(2)(D) and.(b)(2)(E)ofthis section and in subsections(b)(6)through.(b)(10}in Section 14300.29, nothingin this section shall be deemed to preclude employees and employeerepresentatives from collectively bargaining to obtain access to information relating tooccupational injuries and illnesses in addition to theinformation madeavailable under this section.

Note:Authority cited:Section6410,Labor Code.Reference:Section 6410,Labar Code.

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§ 14300.41.Electronic Submission ofInjury and Illness Records to OSHA.

{a)Basic requirement. (1)Annual electronic submission ofCal/(OSHA injury and illness records by

establishments with 250or more employees.Ifyour establishment had 2S0 or more employees at any time during the previous calendar year,and this article requires. your establishmentto keep records,then you must electronically submitinformation from the Cal/C1SHA Form 300A Summary ofWork-Related Injuries and Illnesses that you keep underthis.partto OSHA orOSHA's designee.Yau mustsubmitthe information once a year,no later than the date listed in paragraph(c)ofthis section of the year after the calendar.year covered by the.forms.

(2)Annual electronicsubmission ofCal/OSHA Fbrrn 300A Summary ofWork-Related Injuries and Illnesses by establishments with 20or more employeesbutfewer than 250employeesin designated industries.If your establishment had 2Q ar more employeesbutfewer than 250employees at any time during the previous calendar year,and your establishment is classified in an industry listed in Appendix Hfor Title 8 Sections 14300=14300,4$,then you mustelectronically submitinformationfrom Cal/OSHAForm 300ASummary ofWork-Related.Injuries and; Illnesses to OSHA.or OSHA's designee..You mustsubmitthe information once a year,no later than the date listed in paragraph(c)of this section ofthe year after the calendar year covered by theform:

(3)Electronicsubmission ofrecords upon notification. Upon notification, you.must electronically submit the requested informationfrom your Cal/OSHA injury and. illness records to OSHA ar OSH~4's designee.

(b)Implementation. (1)Does every employer have to routinely submitinformationfrom the Cal/OSHA injury

and illness records to C}SHA or its designee?

No,only two categories.ofemployers mustroutinely submitinformationfrom their Cal/OSHA injury and illness records. First,if your establishment had 250or more employees at any time during the. previous calendar year,and this article.requires yaur.establishment to keep records,then you mustsubmitthe required Cal/OSHAA Form300A information to OSHA once.a year:.Second,if your establishment.had 20 or more employees butfewer'than 250employees at any time during the previous calendar year,and your establishment is classified in an industry listed in Appendix H for Title $Sections 14300 —14300.48,then.you mustsubmitthe required Cal/OSHA Form 300A information to OSHA.once.a year.Employers in these two categories mustsubmit the.required information by the date listed in paragraph{c)ofthis section ofthe year after the calendar year covered by theform or forms(for example,2018 for the 2017forms).If you are notin either ofthese two categories,-then you must submitinformationfrom the injury and illness records to OSHA only if.OSHA notifies you to do so for an individual data collection.

(2)IfI have to submitinformation under paragraph(a)(1)ofthis section,do I have to submit all ofthe informationfrom the recordkeepingform?

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Yes,you are required to submit all ofthe informationfrom the Form 30~A.

(3)Do part-time,seasonal,or temporary workers count as employeesin the criteria for number ofemployeesin paragraph(a)ofthis section?

Yes,eachindividual employed in the establishment at any tune.during the.calendar

year counts asone employee,including full-time,part-time,seasonal,and temporary

workers.

(4)How wi11 OSHA notify me thatI mustsubmitinformationfrom the injury and illness

records as part ofan individual data collection under paragraph(a)(3)ofthis section?

OSHA will notify you by mail.if you will have to submitinforrnatian as part ofan individual data collection under paragraph(a)(3).QSHA will also announce

individual data collections through publication in the Federal Register and the QSHA

newsletter,and announcements on the OSHA Web site. If you. are an employer who

mustroutinely submit the information,then OSHA will not notify you about your

routine submittal. ~;

{5)Does this section affect the Division of Occupational Safety and Health's authority to inspectmy workplace?

No.Nothing in this section affects the.Division ofOccupational Safety and Health's statutory authority to:investigate:conditions..related to occupational safety and health.

(6)How often do I have to submit the informationfrom the injury and illness records?

If you are required to submitinformation under paragraph(a)(1)or(2)ofthis section, then you mustsubmit the information oncea year,by the date listed in paragraph(c) ofthissection ofthe year.after the calendar. year covered.by the.form orforms.If you are submitting information because OSHAnotified you to submitinformation as part ofan individual data.collection under paragraph(a)(3)ofthissection,then.you must.

submitthe.information. as often as specified in the notification.

(7)How da Isubmitthe information?

You must.submit the information electronically.OSHA will provide a secure Web site far the electronic submission ofinformation,For individual data collections under

paragraph(a}(3)ofthis section,OSHA will include the Web size's location in the

notification for the data collection.

(8)DoI have to submitinformation ifmy establishmentis partially exemptfrom keeping

Cal/OSHA injury and illness records?

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If you are partially exemptfrom keeping injury and illness records under. §§ 14300.1. and/or 14300.2,then you da not have to routinely submit Article 2information under paragraphs(a)(1)and(2)ofthis section.You will have to submitinformation under paragraph(a)(3)ofthis section ifQSHAinforms you in writing that it will collect injury and illness information from you.If you receive such a notification,then you mustkeep the Cal/OSHA injury and illness.records required by Article2and submit information as directed.

(9)DoI have to submitinformation ifIam located in a State Plan State?

Yes,the requirements apply to employers located in State Plan States.

(10)May an enterprise or corporate office electronically submit Cal/OSHAinjury and illness.recordsfor its establishment(s)?

Yes,if.your enterprise or corporate office.had ownership ofor control over one or more establishmentsrequired to.submitinformation under paragraph(a){1)or(2) ofthis section,then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).

~~)Reporting dates.

(1)In 2018,establishments required to submit under paragraph(a)(1)or(2)ofthis section mustsubmit the required information for 2017according to the table in this paragraph(c)(1}:

Submission

year

Establishments submitting under

paragraph(a)(1)ofthis section

mustsubmitthe required fi

informationfrom thisform/these

forms:

Establishmentssubmitting

under paragraph(a)(2)ofthis

section mustsubmitthe

required infa~nationfrom this

form: Submission

deadline

2018 300A 300A December

31,2018

(2)Beginning in 2019,establishments that are required to submit underparagraph(a)(1) or(2)ofthis section will have to submit all ofthe required information by March2ofthe year after the calendar year covered by theform orforms(for example,by March 2, 2019,for theforms covering 2018}.

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AppendixH

Designated Industries for.§ 14300.41(a)(2)AnnualElectronic Submission ofCal/OSHA Form

300ASummary ofWork-Related Injuries and Illnesses by Establishments With 20or More

Employees but Fewer Than 250Employeesin Designated Industries

NAICS Industry

11 Agriculture,forestry,fishing and hunting.

22 Utilities.

23 Construction.

31-33 Manufacturing.

42 Wholesale trade.

4413 Automotive parts,accessories,and tire stores.

4421 Furniture stores.

4422 Homefurnishings stores.

4441 Building material and supplies dealers..

4442 Lawn and garden equipment and supplies stores.

4451. Grocery stores.......

4452 Specialtyfood stores.

4521 Departmentstores.

4529 `Other general merchandise stores.

4533 Used merchandise stores.

4542 Vending umachine operators.

4543 Direct selling establishments.

4811 Scheduled air transportation.

4841 Generalfreight trucking.

4$42 Specialized freight trucking.

4851 Urban transit systems.

4852 Interurban:and rural bus transportation.

4$53 Taxi and limousine service.

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4$54 School and employee bus transportation.

4855 Charter bus industry.

4859 Other transit and ground passenger transportation.

4$71 Scenic and sightseeing transportation,land.

4881 Support activities for air transportation.

4882 Support activities for rail transportation.

4883 Support activities far water transportation.

4884 Support activities for road transportation..

4889 Other support activities for transportation.

4911 Postal service.

4921 Couriers and express delivery services.

4922 Local messengers and local delivery.

4931 Warehousing acrd storage.

51'52 Cable.and other subscription programming.

5311 Lessors ofreal estate.

5321 Automotive equipment rental and leasing.

5322 Consumer.goods rental.

5323 General rental centers.

5617 Services to buildings and dwellings.

5621 Waste.collection.

5622 Waste treatment and disposal

5629 Rernediation and other waste managementservices.

6219 Other ambulatory health care services.

6221 General medical and surgical hospitals.

6222 Psychiatric and substance abuse hospitals.

6223 Specialty(except psychiatric and substance abuse)hospitals.

6231 Nursing care facilities.

6232 Residential mental retardation,mental health and substance abusefacilities.

6233 Community care facilities for the elderly.

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6239 '° Other residential care facilities.

6242 Community. food and housing,and emergency and other relief services.

6243 Vocational rehabilitation services.

71.11 Performing arts companies.

7112 Spectator sports.

7121 Museums,historical sites,and similar institutions.

7131 Amusementparks and arcades.

7132. Gambling industries.

7211 Traveler accommodation.

7212 RV(recreational vehicle)parks and recreational camps.

7213 Roomingand boarding houses.

7223 Specialfood services.

8113 Commercial and industrial machinery and equipment(except automotive and electronic re air and maintenance.

8123 Dry-cleaning and laundry services.

Note:Authority cited:Section6410,Labor Code.Reference;Section640,Labor Code.

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State of California Office of Administrative LawNOTICE OF APPROVAL OF EMERGENCY REGULATORY ACTION NOTICE PUBLICATION REGULATIONS SUBMISSION A. PUBLICATION OF NOTICE (complete for publication in Notice Register)B. SUBMISSION OF REGULATIONS (complete when submitting regulations)

DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTHTitle 8, Division 1, Chapter 7, Subchapter 1, Article 2, Sections 14300.35 and 14300.41.

Appendix H