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AB-2334 Occupational injuries and illness: employer reporting requirements: electronic submission.(2017-2018)

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Date Published: 03/16/2018 04:00 AM
AB2334:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2334


Introduced by Assembly Member Thurmond

February 13, 2018


An act to amend Section 6409.1 of add Sections 6410.1 and 6410.2 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2334, as amended, Thurmond. Occupational injuries and illnesses. illness: employer reporting requirements: electronic submission.
Existing law requires an employer to furnish a place of employment that is safe and healthful for employees. Existing law requires an employer to file a report of every occupational injury or occupational illness, as defined, of each employee that results in lost time beyond the date of the injury or illness, and that requires medical treatment beyond first aid, with the Department of Industrial Relations, or in the case of an insured employer, with the insurer, on a form prescribed by the department. Under existing law, an employer who violates occupational safety and health provisions is guilty of a misdemeanor, except where another penalty is specifically provided.

This bill would make nonsubstantive changes in these provisions.

This bill would also require employers to file specified injury and illness forms electronically with the Division of Occupational Safety and Health within the department. The bill would require the division to develop a searchable database for one of those forms on its Internet Web site and would require the division to post those forms on that database within 90 days of their receipt. The bill would require the division to maintain the records submitted by employers under these provisions for 5 years.
The bill would provide legislative findings and declarations in support of these provisions.
Because this bill would expand the definition of a crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The United States Department of Labor’s Occupational Safety and Health Administration adopted the Improve Tracking of Workplace Injuries and Illnesses rule in 2016.
(b) The Improve Tracking of Workplace Injuries and Illness rule is an important step to improve workplace safety through expanded access to timely, establishment-specific injury and illness information for employers, employees, employee representatives, potential employees, customers, and public health researchers.
(c) In late fall of 2017, the United States Department of Labor’s Occupational Safety and Health Administration issued a Notice of Proposed Rulemaking to relax these workplace injury and illness reporting requirements.
(d) To help increase awareness and understanding of workplace health and safety issues, existing state law requires specified employers, including fire departments and state and local governments, to report occupational injuries and illnesses to the Division of Occupational Safety and Health and subsequently post annual summaries of those work-related injuries and illnesses in a visible, easily accessible area at each worksite.
(e) While posting of injury information at each worksite is important, specific workplace injury and illness information is not accessible to the public and prospective employees in an easily accessible database on the Internet.
(f) Reporting employers are required to maintain injury and illness records for five years, but there is no requirement that such records or their related annual summaries be separately provided to or maintained by a central clearinghouse, where the public may view, sort, and track the information in an easily accessible format online.
(g) Workplace illness and injury reporting should be robust and easily accessible. Public access to workplace injury and illness data will provide opportunities to advance the fields of injury and illness causation and prevention research.

SEC. 2.

 Section 6410.1 is added to the Labor Code, to read:

6410.1.
 It is the intent of the Legislature that the division maintain strong workplace injury and illness reporting standards.

SEC. 3.

 Section 6410.2 is added to the Labor Code, to read:

6410.2.
 (a) Employers who are required to keep injury and illness records under Article 2 (commencing with Section 14300) of Subchapter 1 of Chapter 7 of Division 1 of Title 8 of the California Code of Regulations shall electronically submit to the division the following completed forms no later than February 1 each year:
(1) Log of Work-Related Injuries and Illnesses Form 300.
(2) Summary of Work-Related Injuries and Illnesses Form 300A.
(3) Injury and Illness Incident Report Form 301.
(b) No later than January 1, 2020, the division shall develop a searchable database on its Internet Web site of Forms 300A submitted by employers pursuant to this section.
(c) Within 90 days of receipt of Forms 300A pursuant to this section, the division shall post the forms on the database described in subdivision (b).
(d) The division shall maintain the records submitted by employers pursuant to subdivision (a) for five years.
(e) Nothing in this section shall be interpreted to require the disclosure of information prohibited under Section 6412.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 6409.1 of the Labor Code is amended to read:
6409.1.

(a)Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409, of each employee that results in lost time beyond the date of the injury or illness, or that requires medical treatment beyond first aid, with the department or, if an insured employer, with the insurer, on a form prescribed for that purpose by the department. A report shall be filed concerning each injury and illness that has, or is alleged to have, arisen out of and in the course of employment, within five days after the employer obtains knowledge of the injury or illness. Each report of occupational injury or occupational illness shall indicate the social security number of the injured employee. In the case of an insured employer, the insurer shall file with the division immediately upon receipt, a copy of the employer’s report, which has been received from the insured employer. If an employer has filed a report of injury or illness pursuant to this subdivision and the employee subsequently dies as a result of the reported injury or illness, the employer shall file an amended report indicating the death with the department or, if an insured employer, with the insurer, within five days after the employer is notified or learns of the death. A copy of any amended report received by the insurer shall be filed with the division immediately upon receipt of the report.

(b)In every case involving a serious injury or illness, or death, in addition to the report required by subdivision (a), a report shall be made immediately by the employer to the division by telephone or email. An employer who violates this subdivision may be assessed a civil penalty of not less than five thousand dollars ($5,000). Nothing in this subdivision shall be construed to increase the maximum civil penalty, pursuant to Sections 6427 to 6430, inclusive, that may be imposed for a violation of this section.