California's Employer Records of Occupational Injury and Illness
14300.46 - Definitions
The federal Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
The definitions contained in Section 3 of the Act (29 U.S.C. 652) and related interpretations also apply.
An authorized employee representative is an authorized collective bargaining agent of employees.
The California Occupational Safety and Health Program in the California
Department of Industrial Relations.
A public or private employer.
All employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis.
An equivalent form is one that has the same information, is as readable and understandable to a person not familiar with it, and is completed using the same instructions as the Cal/OSHA form it replaces.
- A single physical location where business is conducted or where services or
industrial operations are performed. One business location normally has only
- Where employees do not work at a single physical location (e.g. construction, transportation, communications, electric, gas and sanitary services and similar operations): the establishment is represented by:
- main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities.
- each establishment represents a distinctly separate business, and
- each business is engaged in a different economic activity, and
no one industry description in the Standard Industrial Classification Manual (1987) applies to the joint activities of the establishments, and
- separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information.
(Example: If an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment).
- Employer may combine two or more physical locations (located in close proximity to each other) into a single establishment only when the employer:
- operates the locations as a single business operation under common
- e.g. one manufacturing establishment might include the main plant, a warehouse a few blocks away and an administrative services building across the street.
- keeps one set of business records for all locations.
- e.g. number of employees, there wages and salaries, sales or receipts and other kinds of business information for the locations.
- Note: The home is not considered a business establishment for employees who telecommute. Employees who telecommute must be linked to an existing establishment and a separate Cal/OSHA form 300 is not required for the home.
Any occupational injury or illness which results in death, regardless of the time between injury and death , or the length of the illness.
Means an abnormal condition or disorder.
Injuries include cases such as, but not limited to a cut, fracture, sprain, or amputation.
Illnesses include both acute and chronic illnesses, such as, but not limit, to a skin disease, respiratory disorder, or poisoning.
Are recordable only if they are new, work-related cases that meet one or more of the recording criteria provisions in the new recordkeeping requirements.
Means the management and care of a patient to combat disease or disorder. For the purposes of Article 2, medical treatment does not include:
- Visits to a physician or other licensed health care professional solely for observation or counseling;
- The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
- "First aid" as defined in subsection (b)(5)(B) of section 14300.7.
The Occupational Safety and Health Administration in the U.S. Department of Labor.
A personal representative is:
- Any person that the employee or former employee designates as such, in writing; or
- The legal representative of a deceased or legally incapacitated
employee or former
An individual whose legally permitted scope of practice (i.e. license, registration, or certification) allows him or her to independently perform, or be delegated the responsibility to perform, the activities described by this regulation.
You must consider the following injuries or illnesses to be privacy concern cases:
- An injury or illness to an intimate body part or the reproductive system;
- An injury or illness resulting from a sexual assault;
- Mental illnesses;
- HIV infection, hepatitis, or tuberculosis;
- Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material;
- Other illnesses, if the employee independently and voluntarily requests that his or her name not be entered on the log.
An injury or illness which satisfies the conditions requiring recording found in the Cal/OSHA Recordkeeping Requirements.
For recordkeeping purposes, an employee's routine functions are those work activities the employee regularly performs at least once per week.
Restricted work occurs when, as the result of a work-related injury or illness:
- You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or
- A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.
Work environment is defined as "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work."
Means an employer as defined by Sections 3300 and 3301 of the Labor Code.