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, to 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 of Industrial Relations 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 that has been received from the insured employer. In the event 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 reports received by the insurer shall be filed with the division immediately upon receipt.(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, but no longer than eight hours after the employer knew or should have known of the death or serious illness, by the employer to the Division of Occupational Safety and Health by telephone, fax, or other electronic means approved by the division. An employer who violates this subdivision shall be assessed a civil penalty of five thousand dollars ($5,000) that may be adjusted pursuant to subdivision (d) either by the division in a settlement agreement between the employer and the division, or by the Occupational Safety and Health Appeals Board when approving a settlement agreement or when making a finding. Nothing in this subdivision shall be construed to affect the civil penalty that may be imposed pursuant to Sections 6427 to 6430, inclusive.
(c) When making a report pursuant to subdivision (b), the employer
shall inform the division of all information in its possession relating to the time, location, and circumstances of the incident. The employer shall also inform the division if the employee subsequently dies as a result of the reported injury or illness, within five days after the employer is notified or learns of the death.
(d) The If the employer has never been subject to an inspection or investigation by the division, the civil penalty assessed pursuant to subdivision (b) may be adjusted according to the following:
(1) The penalty may be reduced if there is a finding on
documentation in the division file or in the record of the appeals board of any of the following:
(A) The employer has 10 or fewer employees.
(B) The employer delayed in reporting to the division by no more than 48 hours.
(C) The employer delayed in reporting to the division by more than 48 hours or failed to report to the division, but states under penalty of perjury that it did timely report to its workers’ compensation carrier or to a state, county, or local fire or police agency, and that it was informed by that entity that reporting to that entity was sufficient to comply with the
requirement to report to the division.
(2) The penalty may be increased if there is a finding on the record of any of the following:
(A) The employer failed to report a death resulting from the reported injury or illness.
(B) The employer did not provide documentation that the injured or ill employee did not receive received prompt and adequate first aid, medical care, or
both.
(C) The employer did not provide evidence that it had an effective injury and illness prevention program.
(D) The employer previously failed to report a serious injury or illness, or death.
(E) The employer interfered with the division’s investigation by withholding evidence or witnesses or materially altering the worksite.
(3) Additional penalty reductions afforded by regulations promulgated pursuant to subdivision (c) of Section 6319 shall not apply to the adjustment of the civil penalty assessed pursuant to subdivision (b).
(4) The penalty shall not be decreased if the division determines that
the failure to report or report timely impaired its investigation or that the employer did not ensure that the injured or ill employee received prompt and adequate first aid, medical care, or both.
(5) The adjusted civil penalty shall not be less than two thousand five hundred dollars ($2,500).
(e) In addition to any other the penalty provided in this section, an employer who willfully or repeatedly fails to report, or to report timely, an occupational
injury or occupational illness, or a death resulting from a reported injury or illness, as required by subdivision (b), or an employer who intentionally interferes with the division’s investigation by withholding evidence or witnesses or materially altering the worksite, shall be assessed a civil penalty of not more than seventy thousand dollars ($70,000) for each violation, but in no case less than five thousand dollars ($5,000) for each willful violation subject to the penalties set forth in Section 6429.