California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 7 - Department of Industrial Relations › Subchapter 1 - Occupational Injury or Illness Reports and Records › Article 2 - Employer Records of Occupational Injury or Illness › Section 14300.29 - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic
					 requirement. You must use Cal/OSHA 300, 300A, and 301 forms, or equivalent
					 forms, for recordable injuries and illnesses. The Cal/OSHA Form 300 is called
					 the Log of Work-Related Injuries and Illnesses, the Cal/OSHA Form 300A is
					 called the Summary of Work-Related Injuries and Illnesses, and the Cal/OSHA
					 Form 301 is called the Injury and Illness Incident Report. Appendices A through
					 C give samples of the Cal/OSHA forms. Appendices D through F provide elements
					 for development of equivalent forms consistent with Section
					 14300.29(b)(4)
					 requirements. Appendix G is a worksheet to assist in completing the Cal/OSHA
					 Form 300A.
(b) Implementation.
(1) What do I need to do to complete the
					 Cal/OSHA Form 300?
You must enter information about your establishment at
						the top of the Cal/OSHA Form 300 by entering a one or two line description for
						each recordable injury or illness, and summarizing this information on the
						Cal/OSHA Form 300A at the end of the year.
(2) What do I need to do to complete the
					 Cal/OSHA Form 301 Incident Report?
You must complete a Cal/OSHA 301 Incident Report form, or
						an equivalent form, for each injury or illness required to be entered on the
						Cal/OSHA Form 300.
(3) How
					 quickly must each injury or illness be recorded?
You must enter each recordable injury or illness on the
						Cal/OSHA Form 300 and Cal/OSHA Form 301 Incident Report within seven (7)
						calendar days of receiving information that a recordable injury or illness has
						occurred.
(4) What is an
					 equivalent form?
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.
(5) May I keep my
					 records on a computer?
Yes. If the computer can produce equivalent forms when
						they are needed, as described under Sections
						14300.35 and
						14300.40, you may keep your records
						using a computer system.
(6)
					 Are there situations where I do not put the employee's name on the forms for
					 privacy reasons?
Yes. If you have a "privacy concern case," as described
						in subsection (b)(7) of this section, you may not enter the employee's name on
						the Cal/OSHA Form 300. Instead, enter "privacy case" in the space normally used
						for the employee's name. This will protect the privacy of the injured or ill
						employee when another employee, a former employee, or an authorized employee
						representative is provided access to the Cal/OSHA Form 300 under Section
						14300.35(b)(2).
						You must keep a separate, confidential list of the case numbers and employee
						names for your privacy concern cases so you can update the cases and provide
						the information to the government if asked to do so.
(7) How do I determine if an injury or
					 illness is a privacy concern case?
You must consider the following injuries or illnesses to
						be privacy concern cases:
(A) An
					 injury or illness to an intimate body part or the reproductive
					 system;
(B) An injury or illness
					 resulting from a sexual assault;
(C) Mental illnesses;
(D) HIV infection, hepatitis, or
					 tuberculosis;
(E) Needlestick
					 injuries and cuts from sharp objects that are contaminated with another
					 person's blood or other potentially infectious material (see Section
					 14300.8 for definitions);
					 and
(F) Other illnesses, if the
					 employee independently and voluntarily requests that his or her name not be
					 entered on the log.
(8)
					 May I classify any other types of injuries and illnesses as privacy concern
					 cases?
No. This is a complete list of all injuries and illnesses
						considered privacy concern cases for purposes of Article 2.
(9) If I have removed the employee's name,
					 but still believe that the employee may be identified from the information on
					 the forms, is there anything else that I can do to further protect the
					 employee's privacy?
Yes. If you have a reasonable basis to believe that
						information describing the privacy concern case may be personally identifiable
						even though the employee's name has been omitted, you may use discretion in
						describing the injury or illness on both the Cal/OSHA forms 300 and 301. You
						must enter enough information to identify the cause of the incident and the
						general severity of the injury or illness, but you do not need to include
						details of an intimate or private nature. For example, a sexual assault case
						could be described as "injury from assault," or an injury to a reproductive
						organ could be described as "lower abdominal injury."
(10) What must I do to protect employee
					 privacy if I wish to provide access to the Cal/OSHA forms 300 and 301 to
					 persons other than government representatives, employees, former employees or
					 authorized representatives?
If you decide to voluntarily disclose the forms to
						persons other than government representatives, employees, former employees or
						authorized representatives (as required by Sections
						14300.35 and
						14300.40), you must remove or hide
						the employees' names and other personally identifying information, except for
						the following cases. You may disclose the forms with personally identifying
						information only:
(A) to an auditor or
					 consultant hired by the employer to evaluate the safety and health
					 program;
(B) to the extent
					 necessary for processing a claim for workers' compensation or other insurance
					 benefits; or
(C) to a 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.