The California Litigator

January 20, 2012

By Barbara Haubrich-Hass, ACP/CAS

The Division of Occupational Safety and Health (Cal/OSHA) protects workers and the public from safety hazards.  Within 24-hours after an industrial incident, every employer is required to report any serious injury or illness, or death of an employee occurring in a place of employment in connection with any employment. [Title 8, California Code of Regulations, Section 342(a)] 

cal_oshaAccidents that trigger a Cal/OSHA investigation include a fatality, serious injury or illness, pesticide-related poisoning, serious exposure, or catastrophe.  A “serious injury or illness” is one that requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement…”  [Title 8, California Code of Regulations, Section 330(h)] 

When Cal/OSHA personnel complete an investigation, they attempt to gather the following information:

  • Time and date of accident event;
  • Employer's name, address and telephone number;
  • Name and job title, or badge number, of the person reporting the incident;
  • Address of incident event site;
  • Name of person to contact at incident event site;
  • Name and address of injured employee(s);
  • Nature of injuries;
  • Location where injured employee(s) was/were taken for medical treatment;
  • List and identity of other law enforcement agencies present at the accident event site;
  • A list of any Cal/OSHA violations and fines or penalties incurred; and,
  • A description of the incident and whether the incident scene or instrumentality has been altered.

A Cal/OSHA investigation can be complex and take months to complete.  Cal/OSHA reports generally are voluminous and include a list of witnesses, employees, and other participants; witness statements; testing of any malfunction; a list of violations; and causation of the incident, among other items.  To obtain a Cal/OSHA report, contact the field office that investigated the incident and obtain the investigation identification number and the cost for the report.  Then write to Cal-OSHA and request a copy of the report.


 

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©Copyright 2012 All Rights Reserved

DISCLAIMER: Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this newsletter, or to any other website to which this e-zine/article may be linked.

 

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Do you want to use any of the articles on this website? You can so long as you include this entire blurb with it: "Barbara Haubrich-Hass, The California Litigator, publishes an e-zine that delivers simple discussions and strategies for the California civil litigation professional. Barbara’s discussions focus on common paralegal and law office tasks, such as pre-litigation document gathering, document preparation, filing rules, law and motion, discovery, arbitration, trial, deadline calculation, and post-trial procedures. More information is available at http://www.thecalifornialitigator.com

 

DISCLAIMER:  Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this website, or to any other website to which this website or articles may be linked.