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California's Employer Records of Occupational Injury and Illness

List of FAQs || Highlights - 14300.35  || Details - 14300.35 || California Standards-14300.35
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FAQs

14300.35 - Employee Involvement

Question 
What must be done to ensure that employees report work-related injuries and illnesses ?

Answer
Employers must let employees know how and when to report work-related injuries and illnesses. This means the employer must :
  • establish a procedure for the prompt reporting by employees of work-related injuries and illnesses, and 
  • inform each employee on how to use the established procedures.

Question 
Does the recordkeeping rule specify the procedures to be established or how the employer must accomplish the objective for prompt reporting? 

Answer
No, employers have flexibility to set up systems that are appropriate and effective for their workplace. Factors to consider may include the:

  • size of the workforce;
  • employee's language proficiency and literacy levels; 
  • workplace culture. 

Question
Do employees and their representatives have access to Cal/OSHA injury and illness records?

Answer
Yes, employees, former employees, and their personal and authorized employee representatives, have the right to access Cal/OSHA injury and illness records, with certain limitations.


Question 
Who is an authorized employee representative? 

Answer
An authorized collective bargaining agent of employees. 


Question
Who is a "personal representative" of an employee or former employee?

Answer
Any person the employee or former employee designates as such, in writing; or
the legal representative of a deceased or legally incapacitated employee or former employee.


Question 
If an employee, former employee, personal or authorized employee representative asks for access to the Cal/OSHA 300 Log, or the Cal/OSHA 300 A, the Annual Summary, when must it be provided?

Answer
By the end of the next business day following the request.


Question 
Do I have to provide copies of all Form 300 and 301s if an employee (as opposed to a union representative) requests copies of all the records for the entire company.

Answer
When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored Cal/OSHA 300 forms or a current or stored annual summary for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant Cal/OSHA 300 forms and annual summaries by the end of the next business day (Reference: 14300.35(b)(2)(C)). When an employee, former employee, or personal representative asks for a copy of the Cal/OSHA Form 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the Cal/OSHA 301 Incident Report containing that information by the end of the next business day


Question 
May the names of the employees or any other information from the Cal/OSHA Log 300 be removed before copies are given to an employee, former employee, or employee representative?

Answer
No, the names must be left on the Cal/OSHA Log 300 unless the case is considered a "privacy concern case.” Privacy concern cases may have employee names and other information omitted to protect the privacy of the injured or ill employees.


Question 
If an employee or employee representative asks for access to the Cal/OSHA 301 Incident Report, when must it be provided?

Answer 
If the requestor(s) are an:

  • employee, former employee, or personal representative, a copy must be provided by the end of the next business day following the request.
  • authorized employee representative representing employees under a collective bargaining agreement, a copy must be provided within 7 calendar days following the request. 

Question 
If an authorized employee representative asks for access to the Cal/OSHA 301 Incident Report, what information must be provided?

Answer
Only information from the section titled "Tell us about the case." All other information must be removed from the copy of the Cal/OSHA Form 301 Incident Report (or the equivalent substitute form) that is provided.


Question 
May I charge for the copies?

Answer
No, not for the first set of copies that are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.


List of FAQs || Highlights - 14300.35  || Details - 14300.35 || California Standards-14300.35
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