New Law Requires Immediate Reporting of Serious Occupational Injuries by Employers

Workplace injuries happen, and when they do, the Occupational Safety and Health Administration (OSHA) must be notified. In the past, employers had up to five days to report a serious illness or injury to an employee, but under AB 1804, employers are not required to report serious injuries immediately.

There are three ways to report:

1. By telephone. Phoning the California Division of OSHA is considered sufficient for reporting.
2. Via email. So long as an email reporting the injury is sent same-day, this is considered sufficient as well.
3. Through an online portal. The online portal is not yet up and running. Until it is, employers must either call or email in accident reports.

Accidents must be reported when they meet one of the following two criteria:

1. The illness or injury was so serious that it required time away from work in the days following the incident.
2. The accident or injury required medical treatment that exceeded what would be considered first aid.

For example, let’s say a warehouse worker named Ted gets hit in the head by a forklift that a careless driver was operating. He immediately reported feeling dizzy and disoriented. He was taken to an urgent care where they diagnosed him with a concussion, and told him to stay hope for the rest of the week to recover. This injury required more than first aid and prevented the employee from returning to work, therefore, it needed to be reported to OSHA on the day that it happened.

In contrast, let’s say that a receptionist named Barbara scalded her hand on the break room coffee. She washed her hands and applied some burn cream from the company’s first aid kit. After that, she was able to return to work without a problem. This type of injury does not warrant reporting since it did not keep Barbara from her job and only required minimal first aid.

If you or a loved one are injured at work, then call us today for support and representation. We can help you to fight for your rights.