You must inform Cal/OSHA if an employee dies or suffers a serious injury at work. Now, the time for reporting these incidents has been shortened. But, in some situations you should get legal advice before you call the agency.
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You Must Act Faster
You must report fatalities and serious injuries and illnesses immediately. Under the new rule, this means as soon as practical, but not more than eight hours after you knew about it or could have known with diligent inquiry. Previously, you had up to 24 hours to notify Cal/OSHA. A reportable serious injury or illness is one that 1) occurs at the place of employment or in connection with employment, even if the work didn’t cause the injury, and 2) requires in-patient hospitalization for more than 24 hours (other than for medical observation) or involves an amputation or permanent disfiguring.
“Be a Manager, Go To Jail” Law
When making your report to Cal/OSHA, you’ll need to provide details about the accident. Note, however, that if the accident was caused by a safety hazard you were aware of but failed to correct, you could face serious legal problems.That’s because California’s so-called Be a Manager, Go to Jail law requires you to notify Cal/OSHA of concealed workplace hazards or product defects that could cause serious harm or death, even if no one has yet been hurt. Individuals who violate the law face up to three years in prison and a fine of up to $25,000. And corporations can be slapped with penalties reaching $1 million. (See CEA April 1992.) So it can be a good idea to consult an attorney before you call Cal/OSHA.