INITIAL STATEMENT OF REASONS
CHANGES TO REGULATIONS OF THE DIVISION
OF LABOR STATISTICS AND RESEARCH
(TITLE 8, CALIFORNIA CODE OF REGULATIONS, DIVISION 1, CHAPTER 7, SUBCHAPTER 1, ARTICLE 2)
Subject Matter of Proposed Regulation: Employer Records of Occupational Injury and Illness
Sections Affected: Article 2 of Subchapter 1, Chapter 7, Division 1, Title 8.
Pursuant to Labor Code Section 6410, the Division of Labor Statistics and Research (DLSR), a division within the Department of Industrial Relations, is charged with prescribing and providing the forms necessary for maintenance of records of occupational injuries and illnesses required by the United States Department of Labor under the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596). Requirements for fulfilling this mandate are currently found in Article 2 of Subchapter 1, Chapter 7, Division 1 of Title 8 in the California Code of Regulations ("Article 2").
On January 19, 2001, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) promulgated revisions to regulations at 29 CFR 1904 addressing Occupational Injury and Illness Recording and Reporting. See Federal Register Volume 66, No. 13, pages 5916-6135. The State of California, through DLSR, is now required by the provisions of 29 CFR 1902.3(k), 29 CFR 1952.4, and 29 CFR 1956.10(i), to adopt regulations for recording of occupational injuries and illnesses that are substantially identical to the requirements of revised 29 CFR 1904.
Specific Purpose of Adoption/Factual Basis: To implement the occupational injury and illness recordkeeping elements of revised 29 CFR 1904 while permitting the regulated public to utilize workers' compensation forms for the purpose of recording occupational injury and illness incidents, the Division proposes to amend sections 14004 and 14005 as described below.
Amended Section 14004, Purpose. This proposed section would contain a model form that could be used by insurance companies and employers for the purpose of recording an occupational injury or illness as well as reporting the injury and illness to DLSR. The new Form 5020 Rev. 7 would replace existing Form 5020 Rev. 6 which does not contain a statement advising the user that the form contains confidential employee information that must be treated according to the requirements specified in Section 14300.29 (b) 6-10. Form 5020 Rev. 6 also lacks two questions pertaining to an employee's treatment in a healthcare facility.
This section is necessary to clarify the overall purpose of Article 2 and assist the regulated public by reducing paperwork, and is consistent with language in the equivalent federal rule at 29 CFR 1904.
Section 14005, Purpose: This proposed amendment would add the requirement for a permissible form to include the privacy statement that is contained in the Cal OSHA Form 301:
"ATTENTION: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. Reference: Section 14300.29 (b)(6)-(10)"
This instruction is necessary so that Article 2 requirements are consistent in scope and application to those contained in the equivalent federal rule at 29 CFR 1904.1.
The proposed amendment would also identify the confidential information and summarize the parties granted access to confidential employee information and the applicable regulatory references as follows:
" Shaded boxes indicate confidential employee information as listed in CCR Title 8 14300.35(b)(2)(E)2.
Confidential information may be disclosed to the employee, former employee, or their personal representative (8 CCR 14300.35), to others for the purpose of processing a workers' compensation or other insurance claim; and under certain circumstances to a public health or law enforcement agency or to a consultant hired by the employer (8 CCR 14300.30). 8 CCR 14300.40 requires provision upon request to certain state and federal workplace safety agencies."
This is necessary to clarify for all affected parties which items of information are confidential and the provisions for access to that information.
Specific Technology or Equipment: This proposal will not mandate the use of specific technologies or equipment.
Identified Alternatives that Would Lessen Adverse Impact on Small Businesses: No alternatives would lessen economic impact. No adverse impact on small businesses is anticipated from the implementation of the proposed regulation. Therefore, no alternatives which would lessen the impact on small businesses have been identified.
Underlying Data: None.
Business Impact: This regulation will not have a significant adverse economic impact on businesses.
EXISTING FORM TO BE MODIFIED BY PROPOSED SECTION 14005