This month, the California Division of Occupational Safety and Health (Cal/OSHA) proposed readopting the emergency regulations regarding the electronic recording and reporting of occupational injuries and illnesses.
Please note that, until further notice, employers are still required to comply with the November 1, 2018 emergency regulations because the emergency regulations are not set to expire until May 1, 2019.
The emergency regulations, which amend Title 8, California Code of Regulations, sections 14300.35 and 14300.41, require designated employers in California to submit electronically certain occupational injury and illness information to the federal Occupational Safety and Health Administration (OSHA) via an online web portal. The emergency regulations also require designated employers to submit the information to OSHA by March 2 of the year after the calendar year covered by the form 300A.
Cal/OSHA is currently working towards completion of the documentation necessary to commence the regular rulemaking process. Cal/OSHA anticipates publishing a notice of proposed rulemaking for the permanent regulations by May 10, 2019, and holding a public hearing at least forty-five (45) calendar days after the publication of the notice of proposed rulemaking. The readoption is necessary to allow Cal/OSHA’s regulations to remain substantially identical to corresponding OSHA recording and reporting regulations, as required by federal law.
If approved by the Office of Administrative Law (OAL), the proposed readoption of the emergency regulations will become effective on May 1, 2019, for a period of ninety (90) days which will provide Cal/OSHA with additional time to proceed with regular rulemaking to adopt the same or a similar proposal on a permanent basis. In the interim, employers should remain diligent with respect to accurately recording workplace injuries and illnesses.