California May Require Some Employers to Electronically Report Workplace Injuries and Illnesses to Feds

Author: Michael Cardman, XpertHR Legal Editor

UPDATE - The California Division of Occupational Safety and Health approved the regulations on November 6, 2018.

November 1, 2018

California's workplace safety agency has proposed emergency regulations that would require certain employers to electronically submit their summary of recordable work-related injuries and illnesses covering calendar year 2017 to the federal Occupational Safety and Health Administration (OSHA) by December 31, 2018.

Earlier this year, OSHA announced that affected employers in State Plan states such as California would be required to electronically submit their Form 300A data to OSHA via its online web portal - even if the State Plan has not completed adoption of its own state rule.

Since then, California employers "have expressed considerable confusion about their obligations," the California Division of Occupational Safety and Health (known as Cal/OSHA) said. Passing a corresponding regulation that would specify California's injury and illness reporting requirements is necessary to provide clear guidance to employers in California, according to Cal/OSHA.

All employers with 250 or more employees (except those exempted by state regulations) and employers with 20 to 249 employees in certain high-risk industries would be required to submit the Cal/OSHA Form 300A online.

California's Office of Administrative Law (OAL) has until November 5 to review and adopt or deny the proposed regulation.