Once again, OSHA doesn’t read their own rules and they make up the rules as they go. Yesterday, one of our clients was told by CalOSHA that their TPA could not make a report on their behalf. WRONG. Title 8, Section 342 (d) (outlined below) specifically states that an authorized representative of the employer may make a report on their behalf. So, the next time CalOSHA tells you can’t do that, ask them to show you the section of code that proves their point.
§342. Reporting Work-Connected Fatalities and Serious Injuries.
(a) Every employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment.
Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.
Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.
(b) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury, or illness, or death occurs, the nearest office of the Division of Occupational Safety and Health shall be notified by telephone immediately by the responding agency.
(c) When making such report, whether by telephone or telegraph, the reporting party shall include the following information, if available:
(1) Time and date of accident.
(2) Employer’s name, address and telephone number.
(3) Name and job title, or badge number of person reporting the accident.
(4) Address of site of accident or event.
(5) Name of person to contact at site of accident.
(6) Name and address of injured employee(s).
(7) Nature of injury.
(8) Location where injured employee(s) was (were) moved to.
(9) List and identity of other law enforcement agencies present at the site of accident.
(10) Description of accident and whether the accident scene or instrumentality has been altered.
(d) The reporting in (a) and (b) above, is in addition to any other reports required by law and may be made by any person authorized by the employers, state, county, or local agencies to make such reports.