Differences - Cal/OSHA & Fed/OSHA Recordkeeping

 

Major Differences between
the California
and Federal Recordkeeping Standards

 

 

California Standard

Federal Standard

Does not have a reporting requirement contained within the recordkeeping regulation. The California reporting requirement for serious occupational injury, illness or death, are contained within Title 8, Section 342 with no 30-day time frame limit from incident to death. Has a reporting requirement, for fatalities and multiple hospitalizations as a result of a work-related incident, contained within in the recordkeeping regulation. The reporting requirements are in section 1904.39 of the recordkeeping regulation.
 
Section 14300.2 Table 1, Note:  Retention of existing California requirement for employers in  SIC Code 781 (Motion Picture Production and Allied Services) to record occupational injuries and illnesses in California. Exceptions are provided for SIC 781 employers regarding time frames for recording and for providing access to records.
 
SIC Code 781 (Motion Picture Production and Allied Services) are not required to record occupational injuries and illnesses under the Federal OSHA standard.
Language added to Section 14300.8(a) Note:
Note clarifying the scope of the recording requirement for Recording of Needlesticks and Sharps Injuries. The note states that the requirements for recording needlestick injuries are not limited to health care and related businesses.
 
No such clarifying language included  in the Federal OSHA standard.
Language added to Section 14300.30:
Retention of existing California requirement to help assure timely availability of records to employees, their representatives, and government representatives when records are kept elsewhere: Additional language states that when keeping records for multiple establishments at a headquarters or other central location employer must have:
 

- 14300.30(b)(2)(C) – the address and telephone number of the central location or headquarters where records are kept available at each worksite; and

-14300.30(b)(2)(D)– personnel available at the central location or headquarters where records are kept during normal business hours to transmit information from the records maintained there as required by Section 14300.35 and Section 14300.40
 

Not specifically provided for in the Federal OSHA standard.
Language added to Section 14300.32 (b)(7):
Retention with modification of existing California requirement for  employers to present or mail the annual summary to each employee who does not normally report, at least weekly, to a location where their annual summary is posted. Employers must present or mail the annual summary to the employees, for the establishment where the employees are linked for recordkeeping purposes [as described at 14300.30 (b)(3)]. Applies to employees who receives pay during the February through April posting period.
 
Federal OSHA standard relies on new longer posting period to assure availability of summary data to employees.
Language added to Section 14300.32 (b)(8):
States that for multi-establishment employers, there is no requirement for posting of annual summaries for those establishments where operations have closed down during the calendar year.
Not retained in new Federal OSHA standard.
Language added to Section 14300.35 (b)(2)(C):
Requires access to current or stored copies of the Annual Summary, in addition to current or stored copies of the Cal/OSHA Form 300. Copies must be provided to employees, former employees, personal representatives, or authorized representatives by the end of the next business day.
Same requirements except the Federal OSHA standard does not specify that copies of the Annual Summary must be supplied to the requestor(s).
Language added to Section 14300.35(b)(2)(C) Exception:
Requires establishments in SIC Code 781 to provide the current or stored Cal/OSHA Form 300 or Annual Summary, within seven (7) calendar days rather than by the end of the next business day. Copies must be provided to employees, former employees, personal representatives, or authorized representatives.
 
No equivalent requirement in the Federal OSHA standard.
Language added to section 14300.35(b)(2)(E)(2):
States specifically what personally identifying information must be deleted when authorized employee representatives ask for copies of the Cal/OSHA form 301, Incident Reports, or equivalent forms. The personally identifying information that must be deleted is:
  • Employee name;
  • Employee address;
  • Employee date of birth;
  • Employee date of hire;
  • Gender;
  • Name of the physician;
  • Location where treatment was provided;
  • Whether the employee was treated in an emergency room; and
  • Whether the employee was hospitalized overnight as an in-patient

 

Section 1904.35 states generically what information must be included and also deleted when authorized employee representatives ask for copies of the Federal/OSHA Form 301, Incident Reports.
  • Information to be included is the section title “Tell us about the case” on the OSHA 301 Form
  • All other information on the 301 must be deleted

Does not mention equivalent forms when referencing the Federal OSHA Form 301.

Language Added to Section 14300.35 (C)
Retention of existing California requirement (with modification for new privacy provisions) affirming the rights of employees and their representatives to bargain collectively for access to information relating to occupational injuries and illnesses in addition to that information mentioned in section 14300.35.
 
No such language in the Federal OSHA standard.
Language added to section 14300.38 (a)(b)&(c):
Distinguishes between private and public employers with respect to the granting authority for variance petitions.
 
Section 1904.38 does not distinguish between public and private employers with respect to submitting variance petitions because the Federal standard, in Federal OSHA states, only applies to private employers.
Language added to section 14300.40 (a)
Provides government representatives access to the original recordkeeping documents and one set of copies free of charge.
 
 Section 1904.40 requires that copies of the records (not originals) be supplied to government representatives upon request, free of charge
 

Comparison - Old (Log 200) and New (Log 300)
Cal/OSHA Recordkeeping Standard

This document provides a condensed side-by-side comparison of the old (Log 200) and the new (Log 300) occupational injury and illness recordkeeping standard Title 8, California Code of Regulation (T8 CCR), Section 14300. This comparison is not intended to be a comprehensive listing of the Cal/OSHA recordkeeping standard requirements, and should not be used as a replacement for Section 14300.


 

Forms - 14300.29

Former/Old Rule

Revised/New Rule

Cal/OSHA Form No. 200 - Log and Summary 
Federal OSHA Form No. 101 - Supplemental Record

Cal/OSHA Form 300 - Log Cal/OSHA Form 300A - Summary 
Cal/OSHA Form 301 - Incident Report 
Determination of Work-Relatedness - 14300.5
Former/Old Rule Revised/New Rule
Any aggravation of a pre-existing condition by a workplace event or exposure makes the case work-related Significant aggravation of a pre-existing condition by a workplace event or exposure makes the case work-related
Exceptions to presumption of work relationship:

1. Member of the general public
2. Symptoms arising on premises totally due to outside factors
3. Parking lot/recreational facility

Exceptions to presumption of work relationship:

1. Member of the general public
2. Symptoms arising on premises totally due to outside factors
3. Voluntary participation in wellness program
4. Eating, drinking and preparing one’s own food
5. Personal Tasks outside working hours
6. Personal grooming, self-medication, self infliction
7. Motor vehicle accident in parking lot/access road during commute
8. Cold or flu
9. Mental illness unless employee voluntarily presents a medical opinion stating that the employee has a mental illness that is work-related

New Case - 14300.6

Former/Old Rule Revised/New Rule
New event or exposure, new case Aggravation of a case where signs or symptoms have not resolved is a continuation of the original case
30-day rule for Musculoskeletal Disorders No such criteria
General Recording Criteria - 14300.7
Former/Old Rule Revised/New Rule
All work-related illnesses are recordable Work-related illnesses are recordable if they meet the general recording criteria
Restricted work activity occurs if the employee:

1. Cannot work a full shift
2. Cannot perform all of his or her normal job duties, defined as any duty he or she would be expected to do throughout the calendar year.

Restricted work activity occurs if the employee:

1. Cannot work a full shift
2. Cannot perform all of  his or her routine job functions, defined as any duty he or she regularly performs at least once a week

 

Restricted work activity limited to the day of injury makes case recordable  Restricted work activity limited to the day of injury does not make case recordable
Day counts:

Count workdays 
No cap on count
Day counts:

Count calendar days 
180-day cap on count
Medical treatment does not include:

1. Visits to MD for observation only
2. Diagnostic procedures
 


3. First aid

Medical treatment does not include:

1. Visits to MD for observation and counseling only
2. Diagnostic procedures (including administration of prescription medication for diagnostic purposes
3. First aid

First Aid list in Recordkeeping Guidelines (Bluebook) was a list of examples and not comprehensive  First Aid list in regulation is comprehensive. Any other procedure is medical treatment.

FA = first aid
MT = medical treatment
OTC = over-the-counter

1a. Single dose of prescription medication administered on a first visit , for minor injuries or discomfort = FA

1b. Two or more doses of prescription medication = MT

2. Any dosage of OTC = FA

3. Two or more hot or cold treatments = MT

4. Drilling a nail = MT

5. Butterfly bandage/Steri-Strip = MT

 

FA = first aid
MT =
medical treatment
OTC
= over-the-counter

1. Single dose of prescriptions medication = MT   





2. OTC at prescription dosage = MT

3. Any number of hot or cold treatments = FA

4. Drilling a nail = FA
 
5. Butterfly bandage/Steri-Strip = FA

 

Non-minor injuries recordable:  
 

1. fractures
2. 2nd and 3rd degree burns

Significant diagnosed injury or illness recordable:

1. fracture
2. punctured ear drum
3. cancer
4. chronic irreversible disease

Specific Disorders

Former/Old Rule Revised/New Rule
Needlesticks and ‘sharps injuries’ - Record only if case results in medical treatment, days away from work, days of  restricted work or sero-conversion  Needlesticks and ‘sharps injuries’ - Record all needlesticks and injuries that results from sharps potentially contaminated with another person’s blood or other potentially infectious material
TB - positive skin test recordable when known workplace exposure to active TB disease. Presumption of work relationship in 5 industries  TB - positive skin test recordable when known workplace exposure to active TB disease. No presumption of work relationship in any industry

Other Issues

Former/Old Rule Revised/New Rule
Must enter the employee’s name on all cases 

Must enter "privacy case" rather than the employee’s name, for privacy concern cases and keep a separate confidential list of the case numbers and corresponding names
Access - employee access to entire log, including names; no access to supplementary form (Federal OSHA Form No. 101 or equivalent form)

Access - employee and authorized representatives access to entire log and Annual Summary, including names; -          employee access to individual’s supplementary form (Cal/OSHA Form 301, Injury and Illness Incident Report); authorized representative access to other than personally identifying information on the Cal/OSHA Form 301.
Certification - anyone can certify annual summary 
Certification - company executive must certify annual summary. Executive can include the highest ranking company official working at the establishment, 14300.32(b)(4). 
Posting - post annual summary for month of February 
Posting - post annual summary for 3 months from Feb 1 to April 30
No specific requirement for employers to inform employees how they are to report an injury or illness 
You must inform each employee how he or she is to report an injury or illness