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

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Date Published: 05/26/2018 04:00 AM
AB2334:v97#DOCUMENT

Amended  IN  Assembly  May 25, 2018
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 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 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 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 Division of Occupational Safety and Health to monitor the rulemaking and implementation of the United States Department of Labor’s Occupational Safety and Health Administration’s Improve Tracking of Workplace Injuries and Illnesses rule with respect to the electronic submission of workplace injury and illness data. The bill would also require, if the division determines that the Occupational Safety and Health Administration has eliminated this federal submission requirement, the division to adopt regulations requiring employers who are required to keep injury and illness records under specified state regulations to electronically report data to the division as was required to be reported to OSHA by the Improve Tracking of Workplace Injuries and Illnesses rule.
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: YES   Local Program: YESNO  

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 Illnesses 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.

6410.2.
 (a) The division shall monitor rulemaking and implementation of the United States Department of Labor’s Occupational Safety and Health Administration’s Improve Tracking of Workplace Injuries and Illnesses rule as published in the federal Register (81 FR 29624) with respect to the electronic submission of workplace injury and illness data.
(b) If the division determines that the Occupational Safety and Health Administration (OSHA) has eliminated the requirement that employers electronically submit OSHA injury and illness data pursuant to 81 FR 29624, the division shall adopt regulations requiring 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 to electronically report data to the division as was required to be reported to OSHA by the Improve Tracking of Workplace Injuries and Illnesses rule as it read on January 1, 2017.

(e)

(c) 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.