Partial exemption for establishments in certain industries
Do professional sports teams
qualify for the partial industry exemption in section 14300.2?
No. Only those industry classifications listed in Appendix A to Section 14300.2
qualify for the partial industry exemption. Professional sports teams are
classified under Standard Industrial Classification (SIC) code 794, which is
not one of the listed exempt classifications.
14300.5 Determination of work-relatedness
How does Cal/OSHA define a
"company parking lot" for purposes of Recordkeeping?
Company parking lots are part of the employer's premises and therefore part of
the establishment. These areas are under the control of the employer, i.e.
those parking areas where the employer can limit access (such as parking lots
limited to the employer's employees and visitors). On the other hand, a parking
area where the employer does not have control (such as a parking lot outside of
a building shared by different employers, or a public parking area like those
found at a mall or beneath a multi-employer office building) would not be
considered part of the employers establishment (except for the owner of the building
or mall), and therefore not a company parking lot for purposes of Cal/OSHA
An employee experienced an
injury or illness in the work environment before they had "clocked
in" for the day. Is the case considered work related even if that employee
was not officially "on the clock" for pay purposes?
Yes. For purposes of Cal/OSHA recordkeeping injuries and illnesses occurring in
the work environment are considered work-related. Punching in and out with a
time clock (or signing in and out) does not affect the outcome for determining
work-relatedness. If the employee experienced a work-related injury or illness,
and it meets one or more of the general recording criteria under section
14300.7, it must be entered on the employer's Cal/OSHA 300 log.
Is work-related stress
recordable as a mental illness case?
Mental illnesses, such as depression or anxiety disorder, that have
work-related stress as a contributing factor, are recordable if the employee
voluntarily provides the employer with an opinion from a physician or other
licensed health care professional with appropriate training and experience
(psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that
the employee has a mental illness that is work-related, and the case meets one
or more of the general recording criteria. See sections 14300.5(b)(2) and
If an employee dies or is
injured or infected as a result of terrorist attacks, should it be recorded on
the Cal/OSHA Injury and Illness Log? Should it be reported to Cal/OSHA?
Yes, injuries and illnesses that result from a terrorist event or exposure in
the work environment are considered work-related for Cal/OSHA recordkeeping
purposes. Cal/OSHA does not provide an exclusion for violence-related injury
and illness cases, including injuries and illnesses resulting from terrorist
All employers, including those partially exempted by reason of size or industry
classification, must report to the Division of Occupational Safety and Health
any workplace incident that results in a serious injury, illness, or death, as
required at Title 8 Section 342. Failure to report serious injury, illness, or
fatality within 8 hours can result in a minimum civil penalty of $5,000.
14300.7 General recording criteria
If a physician or other
licensed health care professional recommends medical treatment, days
away from work or restricted work activity as a result of a work-related injury
or illness can the employer decline to record the case based on a
contemporaneous second provider's opinion that the recommended medical
treatment, days away from work or work restriction are unnecessary, if the employer
believes the second opinion is more authoritative?
Yes. However, once medical treatment is provided for a work-related injury or
illness, or days away from work or work restriction have occurred, the case is
recordable. If there are conflicting contemporaneous recommendations regarding
medical treatment, or the need for days away from work or restricted work
activity, but the medical treatment is not actually provided and no days away
from work or days of work restriction have occurred, the employer may determine
which recommendation is the most authoritative and record on that basis. In the
case of prescription medications, Cal/OSHA considers that medical treatment is
provided once a prescription is issued
Are work-related cases involving chipped or broken teeth recordable?
Yes, under section 14300.7(b)(7), these cases are considered a significant
injury or illness when diagnosed by a physician or other health care
professional. Work-related fractures of bones or teeth are recognized as constituting
significant diagnoses and, if the condition is work-related, are appropriately
recorded at the time of initial diagnosis even if the case does not involve any
of the other general recording criteria.
How would the employer
record the change on the Cal/OSHA 300 Log for an injury or illness after the
injured worker reached the cap of 180 days for restricted work and then was
assigned to "days away from work"?
The employer must check the box that reflects the most severe outcome associated
with a given injury or illness. The severity of any case decreases on the log
from column G (Death) to column J (Other recordable case). Since days away from
work is a more severe outcome than restricted work the employer is required to
remove the check initially placed in the box for job transfer or restriction
and enter a check in the box for days away from work (column H). Employers are
allowed to cap the number of day's away and/or restricted work/job transfer
when a case involves 180 calendar days. For purposes of recordability, the
employer would enter 180 days in the "Job transfer or restriction"
column and may also enter 1 day in the "Days away from work"
column to prevent confusion or computer related problems.
Does the employer have to
record a work-related injury and illness, if an employee experiences minor
musculoskeletal discomfort, the health care professional determines that the
employee is fully able to perform all of his or her routine job functions, but
the employer assigns a work restriction to the injured employee?
A case would not be recorded under section 14300.7(b)(4) if 1) the employee
experiences minor musculoskeletal discomfort, and 2) a health care professional
determines that the employee is fully able to perform all of his or her routine
job functions, and 3) the employer assigns a work restriction to that employee
for the purpose of preventing a more serious condition from developing. If a
case is or becomes recordable under any other general recording criteria contained
in section 14300.7, such as medical treatment beyond first aid, a case
involving minor musculoskeletal discomfort would be recordable.
Are injuries and illnesses
recordable if they occurred during employment, but were not discovered until
after the injured or ill employee was terminated or retired?
These cases are recordable throughout the five-year record retention and
updating period contained in section 14300.33. The cases would be recorded on
either the log of the year in which the injury or illness occurred or the last
date of employment.
If an employee leaves the
company after experiencing a work-related injury or illness that results in
days away from work and/or days of restricted work/job transfer how would an
employer record the case?
If the employee leaves the company for some reason(s) unrelated to the injury
or illness, section 14300.7(b)(3)(H) of the rule allows the employer to stop
counting days away from work or days of restriction/job transfer. In order to
stop a count the employer must first have a count to stop. Thus, the employer
must count at least one day away from work or day of restriction/job transfer
on the Cal/OSHA 300 Log. If the employee leaves the company for some reason(s)
related to the injury or illness, section 14300.7(b)(3)(H) of the rule directs
the employer to make an estimate of the count of days away from work or days of
restriction/job transfer expected for the particular type of case.
If an employee has an
adverse reaction to a smallpox vaccination; is it recordable under Cal/OSHA's
Yee has an adverse reaction to a smallpox vaccination, the reaction
is recordable if it is work related (see 14300.5) and meets the general
recording criteria contained in 14300.7. A reaction caused by a smallpox
vaccination is work related if the vaccination was necessary to enable the
employee to perform his or her work duties. Such a reaction is work-related
even though the employee was not required to receive it, if the vaccine was
provided by the employer to protect the employee against exposure to smallpox
in the work environment. For example, if a health care employer establishes a
program to vaccinate employees who may be involved in treating people suffering
from the effects of a smallpox outbreak, reactions to the vaccine would be work
related. The same principle applies to adverse reactions among emergency
response workers whose duties may cause them to be exposed to smallpox. The
vaccinations in this circumstance are analogous to inoculations given to
employees to immunize them from diseases to which they may be exposed to in the
course of work-related overseas travel.
An employee has a
work-related shoulder injury resulting in days of restricted work activity.
While working on restricted duty, the employee sustains a foot injury which
results in a different work restriction. How would the employer record these
For purposes of Cal/OSHA recordkeeping the employer would stop the count of the
days of restricted work activity due to the first case, the shoulder injury,
and enter the foot injury as a new case and record the number of restricted
work days. If the restriction related to the second case, the foot injury, is
lifted and the employee is still subject to the restriction related to their
shoulder injury, the employer must resume the count of days of restricted work
activity for that case.
An employee is provided
antibiotics for anthrax, although the employee does not test positive for
exposure/infection. Is this a recordable event on the Cal/OSHA log?
No. A case must involve a death, injury, or illness to be recordable. A case
involving an employee who does not test positive for exposure/infection would
not be recordable because the employee is not injured or ill.
An employee tests positive
for anthrax exposure/infection and is provided antibiotics. Is this a
recordable event on the Cal/OSHA log?
Yes. Under the most recent Recordkeeping requirements, a work-related anthrax
exposure/infection coupled with administration of antibiotics or other medical
treatment must be recorded on the log.
If an employee suffers a
Standard Threshold Shift (STS) in only one ear, may the employer revise the
baselines for both ears?
No. A Standard Threshold Shift, or STS, is defined as a change in hearing
threshold, relative to the baseline audiogram for that employee, of an average
of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) in one or both
ears. The employer is permitted only to revise the baseline in the ear where
the employee suffered an STS change in hearing threshold.
Which baseline is used to
determine if a recordable Standard Threshold Shift (STS) has occurred this
Employers should use the same baseline that they would use to comply with
Cal/OSHA's Noise Standard. If the employer chose to revise an employee's
baseline due to a previous STS, then the employer would use the same revised
baseline when determining recordability under section 14300.10 of the
If an employee experienced a
recordable hearing loss case, where would the employer record the case on the
Cal/OSHA 300 Log?
Prior to 2004, employers should record work-related hearing loss cases
according to the instructions included with the Recordkeeping Forms. If the
loss is associated with an event, such as acoustic trauma (e.g., an explosion),
it would be recorded as an injury with a check mark in column (M)(1). If the
loss is not an injury, it would be recorded as an illness, with a check mark in
the all other illness column. Beginning in January 2004, employers must record
all hearing loss cases in the separate hearing loss column (M)(5).
14300.29 - Forms.
Since the new system
proposes to do away with the distinction between injuries and illnesses, is there
guidance on how to classify cases to complete column M on the Cal/OSHA 300 Log?
An injury or illness is an abnormal condition or disorder. Employers should
look at the examples of injuries and illnesses in the "Classifying
Injuries and Classifying Illnesses" section of the Recordkeeping Forms
Package for guidance. If still unsure about the classification, employers could
use the longstanding distinction between injuries that result from
instantaneous events or those from exposures in the work environment. Cases
resulting from anything other than an instantaneous event or exposure are
14300.32 - Annual summary.
If an employer has no recordable
cases for the year, is a Cal/OSHA 300-A, Annual Summary, still required to be
completed, certified and posted?
Yes. After the end of the year, employers must review the Log to verify its
accuracy, summarize the 300 Log information on the 300A summary form, and
certify the summary (a company executive must sign the certification). This
information must then be posted for three months, from February 1 to April 30.
If employers electronically
post the Cal/OSHA 300-A Summary of Work-related Injuries and Illnesses, are
they in compliance with the posting requirements of 14300.32 (b) (5)?
No. The recordkeeping rule allows all forms to be kept on computer equipment or
at an alternate location, as long as the employer can produce the data when
needed. Section 14300.32 (b) (5), requires employers to post a copy of the
Annual Summary in each establishment, where notices are normally posted, no
later than February 1 of the year following the year covered by the records and
kept in place until April 30. Only the Cal/OSHA 300-A Summary form should be
14300.35 - Employee Involvement.
Do I have to give my
employees and their representative's access to the Cal/OSHA injury and illness
Yes, your employees, former employees, their personal representatives, and
their authorized employee representatives have the right to access the Cal/OSHA
300 Log Form and the Cal/OSHA 300-A Summary Form. The employer must give the
requester a copy of the Cal/OSHA 300 Form and the Cal/OSHA 300-A Form by the
end of the next business day. In addition, employees and their representatives
have the right to access the Cal/OSHA 301 Incident Form with some limitations, in
section 14300.35(b)(2) of the recordkeeping regulation.