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Cal/OSHA California's Employer Records of Occupational Injury and Illness

List of FAQs || Highlights - 14300.29  || Details - 14300.29 || California Standards-14300.29
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FAQs

14300.29 - Forms 

Question 
What do I need to do to complete the Cal/OSHA 300 Log?

Answer 
Enter information about your establishment at the top of the Cal/OSHA 300 Log, enter a one or two line description for each recordable injury or illness, and summarize this information on the Cal/OSHA 300A at the end of the year.
Question 
On the Form 300, above columns G, H, J, and I, it states...“check ONLY the most serious result.” If an employee is injured and has both lost workdays and restrictions, are the lost workdays always considered the most serious? What if the number of restricted workdays far exceeds the days lost.

Answer 
Employers must classify each case on the 300 Log in accordance with the most serious outcome associated with the case. The outcomes listed on the form are: death, days away, restricted work/transfer, and “other recordable.” (Reference: Federal CPL 2-0.131 - Recordkeeping Policies and Procedures Manual, Chapter 2, Para 1.E.) Lost workdays are more serious than restricted workdays.

Question 
What do I need to do to complete the Cal/OSHA 301 Incident Report?

Answer
Complete a Cal/OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the Cal/OSHA 300.


Question 
How quickly must each injury or illness be recorded on the Cal/OSHA Log 300 and 301 Incident Report ?

Answer
Within seven (7) calendar days of receiving information that the recordable injury or illness has occurred.


Question 
What is an equivalent form?

Answer
A form containing the same information which is:

  • as readable and understandable, and 
  • completed using the same instructions as the Cal/OSHA form it replaces. 

Equivalent forms must contain all the recordkeeping information required by Cal/OSHA.

Examples of equivalent forms including using accident investigation, workers’ compensation or other insurance forms to replace the Cal/ OSHA 301 Incident Report.


Question 
Can records be kept on a computer?

Answer 
Yes, provided the computer can produce equivalent forms when they are needed.


Question 
Are there situations where I do not put the employee's name on the forms for privacy reasons?

Answer 
Yes, if there is a "privacy concern case," you may enter "privacy case" in the space normally used for the employee's name. A separate, confidential list of the case numbers and employee names for “privacy concern cases” must be kept so you can update the cases and provide the information to the government if asked to do so.


Question 
How do I determine if an injury or illness is a privacy concern case?

Answer
You must record the following types of injuries or illnesses as “Privacy concern cases”:

  • to an intimate body part or the reproductive system;
  • resulting from a sexual assault;
  • needlestick or cut from sharp objects that are contaminated with another person's blood or other potentially infectious material; 
  • such as mental illnesses or HIV infection, hepatitis, or tuberculosis;
  • where the employee independently and voluntarily requests that their name not be entered on the Cal/OSHA log 300. 

Question 
Can other types of injuries and illnesses be classified as privacy concern cases?

Answer
No, only those injuries and illnesses listed previously are considered “privacy concern cases” for purposes of Cal/OSHA’s recordkeeping requirements.


Question 
Are Musculoskeletal disorders (MSDs) considered privacy concern cases ?

Answer 
No


Question 
If an employee's name has been removed in a “privacy concern case,” but they may still be identified from the information on the Cal/OSHA 300 and 301 forms, what else can be done?

Answer
Use discretion in describing the case on the forms. Enter enough information to identify the cause and general severity of the case, but don’t include intimate or specific details (e.g. describe sexual assault cases as ”injury from assault," or injury to reproductive organs as "lower abdominal injury").


Question 
What is required to protect employee privacy if access to the Cal/OSHA Forms 300 and 301 is voluntarily provided to persons other than government representatives, employees, former employees or authorized representatives?

Answer
Remove or hide the employees' names and other personally identifying information, except where access is provided to an: 

  • auditor or consultant hired by the employer to evaluate the safety and health program, or
  • representative of an agency or company to process a claim for workers' compensation or other insurance benefits, or
  •  public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 CFR.164.512.

Question 
Can the job title, date, or where the injury or illness occurred also be left off of the Cal/OSHA 300 and 300A forms for “privacy concern cases”?

Answer
Yes. Cal/OSHA believes that need to do this will be rare. However, if the employer believes that this information may cause the employee's name to be identified it may be left off the forms.


Question 
How do I determine whether the case is an occupational injury or one of the occupational illness categories on the Cal/OSHA 300 Log?

Answer
The appendix that accompanies the Cal/OSHA 300 Log contains examples of occupational injury and the various types of occupational illness listed on the Log. 

If the case is not listed, check the injury or illness category that you believe best fits the circumstances of the case.


Question 
If an employee reports an injury or illness and receives medical treatment in the current year, but states that the symptoms first arose at a unspecified date in the previous year, on which year's Cal/OSHA log do I record the case?

Answer
- Record the case on the current years Cal/OSHA Form 300 since the employee cannot specify the date when the symptoms first occurred.
- In general record the case on the Cal/OSHA Form 300 for the year in which in the injury or illness occurred.
- If the injury or illness date can not be determined, record the case using the date the employee reported the symptoms or received medical  treatment.
 


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