reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4 › Article 3 - Hearing Procedures, Judicial Review › Section 13885 - Conduct of Hearing; Rules of Evidence; Role of Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
					 shall be presided over by a hearing officer appointed by the Labor
					 Commissioner.
(b) The hearing need
					 not be conducted according to the technical rules of evidence relating to
					 evidence and witnesses. Any relevant evidence shall be admitted if it is the
					 sort of evidence on which responsible persons are accustomed to rely in the
					 conduct of serious affairs, regardless of the existence of any common law or
					 statutory rule which might make improper the admission of such evidence over
					 objection in civil actions, except that the rules of privilege shall be
					 effective to the extent that they are otherwise required by statute to be
					 recognized at the hearing.
(c)
					 Hearsay evidence may be used to supplement or explain other evidence, but shall
					 not of itself be sufficient to support a finding, if it is objected to at the
					 hearing. An objection is timely if made before submission of the
					 case.
(d) The hearing officer
					 appointed by the Labor Commissioner who presides over the hearing, in
					 exercising sound discretion, may control the order of presentation of evidence
					 at the hearing; keep out repetitive and cumulative evidence; and otherwise rule
					 out evidence.
1. New
						section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7).
						(Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.)
Note: Authority cited: Section
						  2810.4, Labor
						  Code. Reference: Section
						  2810.4, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4 › Article 3 - Hearing Procedures, Judicial Review › Section 13886 - Hearing Officer Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 45 calendar days of the conclusion of the hearing,
						the hearing officer shall prepare a written decision based on the record of the
						proceedings, including the hearing, which shall contain a statement of the
						factual and legal basis of the decision as provided in Government Code section
						11425.50.
						Copies of the hearing officer's decision shall be delivered to the parties
						personally or sent to them by first class mail.
1. New
						section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7).
						(Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.)
Note: Authority cited: Section
						  2810.4, Labor
						  Code. Reference: Section
						  2810.4, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4 › Article 3 - Hearing Procedures, Judicial Review › Section 13887 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 port drayage motor carrier successor aggrieved by a decision issued pursuant to
					 Section 13886 may seek review of the
					 decision made after a hearing held pursuant to this article by filing a
					 petition for writ of mandate to the appropriate superior court pursuant to
					 section
					 1094.5
					 of the Code of Civil Procedure within 45 calendar days after service of the
					 decision. If no petition is timely filed with the appropriate superior court,
					 the decision shall be the final administrative order.
(b) Once a hearing officer's decision that a
					 port drayage motor carrier is a successor becomes final, either when there is
					 no petition for writ of mandate that is timely filed or after disposition of
					 the writ and any further appeal proceedings, the port drayage motor carrier
					 successor will be placed on the public list. In addition, if a petition for
					 writ of mandate is timely filed, the port drayage motor carrier successor may
					 be placed on the public list unless the court stays the hearing officer's
					 decision.
(c) A decision that has
					 become final as provided in this section will be determinative in any future
					 proceeding regarding liability for unpaid wages, unreimbursed expenses, damages
					 and penalties, including applicable interest, and may not be challenged or
					 litigated again.
1. New
						section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7).
						(Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.)
Note: Authority cited: Section
						  2810.4, Labor
						  Code. Reference: Section
						  2810.4, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4 › Article 4 - Enforcement › Section 13888 - Determining Customer Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of determining customer liability under
						Labor Code section
						2810.4, the
						following terms used in Labor Code section
						2810.4(b)(4)
						mean as follows:
(a) "From the time
					 the driver is dispatched to begin work on behalf of the customer" means the
					 earlier of the time the driver inspects the truck in preparation for performing
					 services on behalf of the customer, begins to wait to perform services on
					 behalf of the customer, begins to perform services on behalf of the customer by
					 hauling freight, or begins to perform work that is compelled by the necessity
					 of the employer's business on behalf of the customer.
(b) "Until all tasks are completed incidental
					 to that work" includes, in addition to either returning the unladen chassis or
					 intermodal carrier to its point of origin, delivering the unladen chassis or
					 intermodal carrier to its final destination.
(c) "Ready to be dispatched to haul freight
					 on behalf of another customer" means the later of all tasks associated with
					 becoming ready to take on a new assignment, including any vehicle maintenance,
					 completion of paperwork, and obtaining of fuel.
1. New
						article 4 (section
						13888) and section filed 2-16-2022;
						operative 4-1-2022 (Register 2022, No. 7). (Transmission deadline specified in
						Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.)
Note: Authority cited: Section
						  2810.4, Labor
						  Code. Reference: Section
						  2810.4, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 16 - Assessment of Civil Penalties for Violations of Retaliation Laws Within the Jurisdiction of the Labor Commissioner › Section 13900 - Scope of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations shall apply to the penalty provisions
					 contained in the retaliation laws within the jurisdiction of the Labor
					 Commissioner's Office which authorize penalties not exceeding ten thousand
					 dollars ($10,000) per violation, per employee affected. These laws are enforced
					 by the Division of Labor Standards Enforcement's Retaliation Investigations
					 Unit, pursuant to procedures set forth in Labor Code sections
					 98.7 and
					 98.74.
1. New
					 subchapter 16 (sections
					 13900-13903) and section filed
					 6-29-2022; operative 10-1-2022 (Register 2022, No. 26). Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						95,
						98.8 and
						1019.1, Labor
						Code. Reference: Sections
						98.6,
						98.7,
						98.74,
						1019.1,
						1102.5 and
						2814, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 16 - Assessment of Civil Penalties for Violations of Retaliation Laws Within the Jurisdiction of the Labor Commissioner › Section 13901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this subchapter, "respondent" shall mean the
					 employer or individual person against whom a penalty has been assessed or could
					 be assessed, under the applicable statute authorizing the
					 penalty.
1. New
					 section filed 6-29-2022; operative 10-1-2022 (Register 2022, No. 26). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						95,
						98.8 and
						1019.1, Labor
						Code. Reference: Sections
						98.6,
						98.7,
						98.74,
						1019.1,
						1102.5 and
						2814, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 16 - Assessment of Civil Penalties for Violations of Retaliation Laws Within the Jurisdiction of the Labor Commissioner › Section 13902 - Penalty Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each violation will generally be subject
				  to the maximum statutory penalty of ten thousand dollars ($10,000) per employee
				  affected.
(b) If during an
				  investigation, a respondent argues that the appropriate penalty is below the
				  statutory maximum of ten thousand dollars ($10,000), the Labor Commissioner
				  shall consider the nature and seriousness of the violation based on the
				  evidence obtained during the course of the investigation. Consideration of the
				  nature and seriousness of the violation will include, but is not limited to,
				  the type of violation, the economic or mental harm suffered, and the chilling
				  effect on the exercise of employment rights in the workplace, and shall be
				  considered to the extent evidence obtained during the investigation concerned
				  any of these or other relevant factors.
(c) In an appeal proceeding under Labor Code
				  section
				  98.74, review
				  of an assessed penalty shall be based on the evidence obtained during the
				  investigation.
1. New
					 section filed 6-29-2022; operative 10-1-2022 (Register 2022, No. 26). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						95,
						98.8 and
						1019.1, Labor
						Code. Reference: Sections
						98.6,
						98.7,
						98.74,
						1019.1,
						1102.5 and
						2814, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 16 - Assessment of Civil Penalties for Violations of Retaliation Laws Within the Jurisdiction of the Labor Commissioner › Section 13903 - Joint and Several Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If more than one respondent is found liable for a penalty,
					 each respondent shall be jointly and severally liable.
1. New
					 section filed 6-29-2022; operative 10-1-2022 (Register 2022, No. 26). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						95,
						98.8 and
						1019.1, Labor
						Code. Reference: Sections
						98.6,
						98.7,
						98.74,
						1019.1,
						1102.5 and
						2814, Labor
						Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article:
Computer input media. Techniques and means by which
						information or data can be entered into a computer system. Examples include
						magnetic tape, diskette, and telecommunications.
Division. The Division of Labor Statistics and Research
						of the Department of Industrial Relations.
Occupational illness. Any abnormal condition or disorder
						caused by exposure to environmental factors associated with employment,
						including acute and chronic illnesses or diseases which may be caused by
						inhalation, absorption, ingestion, or direct contact.
Self-insured employer. An employer who has secured from
						the Director of Industrial Relations a certificate of consent to self-insure
						against workers' compensation claims pursuant to Labor Code Section
						3700.
1. New
						§§
												14000 to
						14504, inclusive, filed 3-3-47;
						effective thirtieth day thereafter (Register 7).
2. Amendment filed
						5-16-73; designated effective 7-1-73 (Register 73, No. 20).
3.
						Amendment filed 4-15-74; designated effective 6-1-74 (Register 74, No.
						16).
4. Repealer and new section filed 2-8-80; designated effective
						5-1-80 (Register 80, No. 6).
5. Amendment filed 3-18-87; effective
						thirtieth day thereafter (Register 87, No. 12).
6. Amendment
						6-14-89; operative 7-14-89 (Register 89, No. 25).
7. Amendment of
						section and NOTE filed 1-14-93; operative 2-16-93 (Register 93, No.
						3).
8. Amendment of chapter heading filed 9-21-2015; operative
						10-1-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 39).
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Sections
						  3700,
						  6409(b)
						  and
						  6410, Labor
						  Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14002 - Insurer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Immediately
					 upon receipt, the insurer shall transmit to the Division the reports filed by
					 the insured employer, as required by subdivisions
					 14001(a) and (b).
					 The report(s) filed shall be on either Form 5020, Rev. 6, or the computer input
					 media prescribed by the Division.
(b) In addition, the insurer shall transmit
					 the doctor's report filed in accordance with Section
					 14003 to the Division within five
					 days of receipt.
1. New
						section filed 5-16-73; designated effective 7-1-73 (Register 73, No.
						20).
2. Amendment filed 4-15-74; designated effective 6-1-74
						(Register 74, No. 16).
3. Repealer and new section filed 2-8-80;
						designated effective 5-1-80 (Register 80, No. 6).
4. Amendment of
						subsection (a) filed 3-18-87; effective thirtieth day thereafter (Register 87,
						No. 12).
5. Amendment filed 6-14-89; operative 7-14-89 (Register 89,
						No. 25).
6. Editorial correction of printing error in subsection (b)
						(Register 90, No. 6).
7. Amendment of subsection (a) filed 1-14-93;
						operative 2-16-93 (Register 93, No. 3).
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Sections
						  6409(a)
						  and
						  6409.1(a),
						  Labor Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14004 - Employer's Report of Occupational Injury or Illness, Form 5020, Rev. 7

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. New
						section filed 2-8-80; designated effective 5-1-80 (Register 80, No.
						6).
2. Amendment filed 1-13-83; effective thirtieth day thereafter
						(Register 83, No. 3).
3. Repealer and new section filed 3-18-7;
						effective thirtieth day thereafter (Register 87, No. 12).
4.
						Repealer and new section filed 1-14-93; operative 2-16-93 (Register 93, No.
						3).
5. Amendment of section heading and new revision of Form 5020
						filed 9-19-2002; operative 10-19-2002 (Register 2002, No.
						38).
Note: Authority cited: Sections
						  6409.1(a),
						  6410, and
						  6410.5, Labor
						  Code. Reference: Sections
						  6409.1(a)
						  and
						  6410, Labor
						  Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14005 - Reproduction of the Employer's Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Insurers and self-insured employers shall
					 reproduce Form 5020, Rev. 7, Employer's Report of Occupational Injury or
					 Illness. In reproducing the form, all of the following conditions shall be met:
(1) The title of the reproduced form shall
					 read: State of California Employer's Report of Occupational Injury or Illness.
					 The size of type may be reduced to meet space requirements, but the words
					 "Employer's Report of Occupational Injury or Illness" shall be in bold face
					 type.
(2) The form shall
					 prominently contain filing instructions and the following statements:
(A) "Any person who makes or causes to be
					 made any knowingly false or fraudulent material statement or material
					 representation for the purpose of obtaining or denying workers' compensation
					 benefits or payments is guilty of a felony."
(B) "ATTENTION: This form contains
					 information relating to employee health and must be used in a manner that
					 protects the confidentiality of employees to the extent possible while the
					 information is being used for occupational safety and health purposes."
					 Reference: Section
					 14300.29(b)(6)-(10)
(C) Shaded boxes indicate confidential
					 employee information as listed in CCR Title 8 14300.35(b)(2)(E)2.
(D) Confidential information may be disclosed
					 to the employee, former employee, or their personal representative
					 (8 CCR
					 14300.35), to others for the purpose of
					 processing a workers' compensation or other insurance claim; and under certain
					 circumstances to a public health or law enforcement agency or to a consultant
					 hired by the employer (8 CCR 14300.30).
					 8 CCR
					 14300.40 requires provision upon request to
					 certain state and federal workplace safety agencies.
(3) The notice block, coding column in the
					 right hand margin, subheadings, spacing, numbering, arrangement, sequence and
					 text of Questions 1 through 39 shall not be altered. However, self-insured
					 employers may eliminate Questions 1A, 2A, 3A, and 37b from reproduced forms and
					 utilize the space to collect other information.
Except as otherwise specified in this Section, any other
						modification to the content or layout of Form 5020, Rev. 7 may be made only
						with prior approval of a written request to:
DEPARTMENT OF INDUSTRIAL RELATIONS
CHIEF, DIVISION OF LABOR STATISTICS AND RESEARCH
P. O. BOX 420603
SAN FRANCISCO, CA 94142-0603
(4) Reproduced forms shall be printed on 8
					 1/2" by 11" paper stock.
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 1 - Reporting of Occupational Injury or Illness › Section 14006 - Form 5021, Rev. 4, Doctor's First Report of Occupational Injury or Illness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. New
						section filed 2-8-80; designated effective 5-1-80 (Register 80, No.
						6).
2. Repealer and new section filed 6-14-89; operative 7-14-89
						(Register 89,No. 25).
3. Repealer and new section filed 1-14-93;
						operative 2-16-93 (Register 93, No. 3).
Note: Authority cited: Sections
						  6409(a),
						  6410,
						  6410.5 and
						  6413.5, Labor
						  Code; and Section
						  2950,
						  Health and Safety Code. Reference: Sections
						  5401.7 and
						  6410, Labor
						  Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14006.1 - Dir Form 5021 (Rev. 5) 2015, Doctor's First Report of Occupational Injury or Illness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. New
						section filed 9-21-2015; operative 10-1-2015 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2015, No. 39).
Note: Authority cited: Sections
						  6409(a),
						  6410,
						  6410.5 and
						  6413.5, Labor
						  Code. Reference: Sections
						  5401.7 and
						  6410, Labor
						  Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14007 - Reproduction of the Doctor's Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Insurers, self-insured employers,
					 doctors, clinics, hospitals and other persons may reproduce Form 5021, Rev. 4
					 or 5, as appropriate (for dates of service prior to October 1, 2015, use Rev.
					 4; for dates of service on or after October 1, 2015, use Rev. 5), Doctor's
					 First Report of Occupational Injury or Illness, if all of the following
					 conditions are met:
(1) The title of the
					 reproduced form shall read: Doctor's First Report of Occupational Injury or
					 Illness State of California. The size of type may be reduced to meet space
					 requirements, but the words "Doctor's First Report of Occupational Injury or
					 Illness" shall be in bold face type.
(2) Filing instructions in the heading shall
					 include the requirement for the physician to file a copy of the report directly
					 with the Division of Labor Statistics and Research in the case of pesticide
					 poisoning or suspected pesticide poisoning, and the statement "Failure to file
					 a timely doctor's report may result in assessment of a civil
					 penalty."
(3) The form shall
					 prominently contain the following statement: "Any person who makes or causes to
					 be made any knowingly false or fraudulent material statement or material
					 representation for the purpose of obtaining or denying workers' compensation
					 benefits or payments is guilty of a felony."
(4) Reproduced forms shall be printed on 8
					 1/2" by 11" paper stock.
(5) The
					 subheadings, arrangement, sequence and text of Questions 1 through 25, the
					 coding column and the signature section shall not be altered, except that
					 Question 1 may be eliminated on forms printed with the insurer's or
					 self-insured employer's name at the top.
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 1 - Reporting of Occupational Injury or Illness › Section 14100 - Insurer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 5-16-73, designated effective 7-1-73 (Register 73, No.
						20).
2. Amendment filed 4-15-74; designated effective 6-1-74
						(Register 74, No. 16).
3. Repealer filed 2-8-80; designated
						effective 5-1-80 (Register 80, No. 6).
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Sections
						  6409(a),
						  6409.1(a),
						  6410, Labor
						  Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14200 - Physician or Surgeon. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 12-16-49 (Register 18, No. 7).
2. Amendment filed
						12-4-51; effective thirtieth day thereafter (Register 26, No. 6).
3.
						Amendment of subsection (b) filed 4-15-74; designated effective 6-1-74
						(Register 74, No. 16).
4. Repealer filed 2-8-80; designated
						effective 5-1-80 (Register 80, No. 6).
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Sections
						  6409(a),
						  6409.1(a),
						  6410, Labor
						  Code.
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 1 - Reporting of Occupational Injury or Illness › Section 14201 - Form 5021, Rev. 1, Doctor's First Report of Occupational Injury or Illness. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 12-16-49 (Register 18, No. 7).
2. Amendment filed
						4-15-74; designated effective 6-1-74 (Register 74, No. 16).
3.
						Repealer filed 2-8-80; designated effective 5-1-80 (Register 80, No.
						6).
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Sections
						  6409(a),
						  6409.1(a),
						  6410, Labor
						  Code.
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 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this rule (Article 2) is to require
						employers to record work-related fatalities, injuries and illnesses.
NOTE 1: Recording a work-related injury, illness, or
						fatality does not mean that the employer or employee was at fault, that a
						Cal/OSHA regulation has been violated, or that the employee is eligible for
						workers' compensation or other benefits.
NOTE 2: All employers covered by the California
						Occupational Safety and Health Act are covered by the provisions of Article 2.
						However, because of the partial exemptions provided by Sections
						14300.1 and
						14300.2, most employers do not have
						to keep OSHA injury and illness records unless they are asked in writing to do
						so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating
						under the authority of OSHA or the BLS. For example, employers with 10 or fewer
						employees and establishments in certain industry classifications listed in
						Section 14300.2, Appendix A, are partially
						exempt from keeping Cal/OSHA injury and illness records.
1.
						Repealer of former article 2 (sections
						14300-14400), and new article 2
						(sections 14300-14300.48) and section filed
						1-15-2002; operative 1-15-2002 pursuant to Government Code section
						11343.4
						(Register 2002, No. 3). For prior history of article 2, see Register 83, No.
						3.
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Section
						  6410, Labor
						  Code.
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 14300.1 - Partial Exemption for Employers with 10 or Fewer Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic
					 requirement.
(1) If your company had ten (10)
					 or fewer employees at all times during the last calendar year, you do not need
					 to keep Cal/OSHA injury and illness records unless OSHA or the BLS informs you
					 in writing that you must keep records under the provisions of Section
					 14300.41 or Section
					 14300.42. However, all employers
					 must continue to file reports of occupational injuries and illnesses with the
					 Division of Labor Statistics and Research as required by Article 1 of this
					 subchapter, and to immediately report to the Division of Occupational Safety
					 and Health any workplace incident that results in serious injury or illness, or
					 death, as required by Title 8 Section
					 342.
(2) If your company had more than ten (10)
					 employees at any time during the last calendar year, you must keep Cal/OSHA
					 injury and illness records unless your establishment is classified as a
					 partially exempt industry under Section
					 14300.2.
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 14300.2 - Partial Exemption for Establishments in Certain Industries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic
					 requirement.
(1) If you are an employer and
					 your business establishment is classified in a specific industry group listed
					 in Table 1 in Appendix A of this section, you do not need to keep Cal/OSHA
					 injury and illness records required by Article 2 unless the government asks you
					 to keep the records under Section
					 14300.41 or Section
					 14300.42. However, all employers
					 must report to the Division of Occupational Safety and Health any workplace
					 incident that results in a serious injury or illness, or death, as required at
					 Title 8 Section
					 342.
(2) If one or more of your establishments are
					 classified in a non-exempt industry, you must keep Cal/OSHA injury and illness
					 records required by Article 2 for all such establishments except those
					 partially exempted because of size under Section
					 14300.1.
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 14300.3 - Keeping Records for More than One Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If you create records to comply with another government
						agency's injury and illness recordkeeping requirements, OSHA will consider
						those records as meeting OSHA's recordkeeping requirements if OSHA accepts the
						other agency's records under a memorandum of understanding with that agency, or
						if the other agency's records contain the same information as this article
						requires you to record. You may contact the nearest office of the Division of
						Occupational Safety and Health for help in determining whether your records
						meet the requirements of this article.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Section
						  6410, Labor
						  Code.
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 14300.4 - Recording Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Basic requirement. Each employer required by this article to keep records of
					 fatalities, injuries, and illnesses must record each fatality, injury and
					 illness that:
(1) Is work-related;
					 and
(2) Is a new case;
					 and
(3) Meets one or more of the
					 general recording criteria of Section
					 14300.7 or the application to
					 specific cases of Section
					 14300.8 through Section
					 14300.12.
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 14300.6 - Determination of New Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic requirement. You must consider an
					 injury or illness to be a "new case" if:
(1)
					 The employee has not previously experienced a recorded injury or illness of the
					 same type that affects the same part of the body, or
(2) The employee previously experienced a
					 recorded injury or illness of the same type that affected the same part of the
					 body but had recovered completely (all signs and symptoms had disappeared) from
					 the previous injury or illness and an event or exposure in the work environment
					 caused the signs or symptoms to reappear.
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 14300.7 - General Recording Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic requirement. You must consider an
					 injury or illness to meet the general recording criteria, and therefore to be
					 recordable, if it results in any of the following as detailed in subsections
					 (b)(2) through (b)(6) of this section: death, days away from work, restricted
					 work or transfer to another job, medical treatment beyond first aid, or loss of
					 consciousness. You must also consider a case to meet the general recording
					 criteria if it involves a significant injury or illness diagnosed by a
					 physician or other licensed health care professional as detailed in subsection
					 (b)(7) of this section, even if it does not result in death, days away from
					 work, restricted work or job transfer, medical treatment beyond first aid, or
					 loss of consciousness.
(b)
					 Implementation.
(1) How do I decide if a case
					 meets one or more of the general recording criteria?
A work-related injury or illness must be recorded if it
						results in one or more of the following:
(A) Death, See Section
					 14300.7(b)(2)
(B) Days away from work, See Section
					 14300.7(b)(3)
(C) Restricted work or transfer to another
					 job, See Section
					 14300.7(b)(4)
(D) Medical treatment beyond first aid, See
					 Section 14300.7(b)(5)
(E) Loss of consciousness, See Section
					 14300.7(b)(6)
(F) A significant injury or illness diagnosed
					 by a physician or other licensed health care professional. See Section
					 14300.7(b)(7)
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 14300.8 - Recording Criteria for Needlestick and Sharps Injuries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic requirement. You must record all
					 work-related needlestick injuries and cuts from sharp objects that are
					 contaminated with another person's blood or other potentially infectious
					 material (as defined by Title 8, Section
					 5193). You must enter the case on
					 the Cal/OSHA Form 300 as an injury. To protect the employee's privacy, you may
					 not enter the employee's name on the Cal/OSHA Form 300 (see the requirements
					 for privacy cases in Subsections
					 14300.29(b)(6)
					 through 14300.29(b)(9)).
NOTE: The requirements of this section are not limited to
						health care and related establishments.
(b) Implementation.
(1) What does "other potentially infectious
					 material" mean?
The term "other potentially infectious materials" is
						defined in the standard for Bloodborne Pathogens at Title 8 Section
						5193(b) and
						includes the following materials:
(A)
					 Human bodily fluids, tissues and organs, and
(B) Other materials infected with the HIV,
					 hepatitis B virus (HBV) or hepatitis C virus (HCV) such as laboratory cultures
					 or tissues from experimental animals.
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 14300.9 - Recording Criteria for Cases Involving Medical Removal Under Cal/OSHA Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic requirement. If an employee is
					 medically removed under the medical surveillance requirements of a Title 8
					 standard, you must record the case on the Cal/OSHA Form 300.
(b) Implementation.
(1) How do I classify medical removal cases
					 on the Cal/OSHA Form 300?
You must enter each medical removal case on the Cal/OSHA
						Form 300 as either a case involving days away from work or a case involving
						restricted work activity, depending on how you decide to comply with the
						medical removal requirement. If the medical removal is the result of a chemical
						exposure, you must enter the case on the Cal/OSHA Form 300 by checking the
						"poisoning" column.
(2) Do
					 all of Cal/OSHA's standards have medical removal provisions?
No. Some Title 8 standards, such as the standards
						covering bloodborne pathogens and noise, do not have medical removal
						provisions. Many Title 8 standards that cover specific chemical substances have
						medical removal provisions. These standards include, but are not limited to,
						lead, cadmium, methylene chloride, formaldehyde, and benzene.
(3) Do I have to record a case where I
					 voluntarily removed the employee from exposure before the medical removal
					 criteria in a Cal/OSHA standard are met?
No. If the case involves voluntary medical removal before
						the medical removal levels required by a Cal/OSHA standard, you do not need to
						record the case on the Cal/OSHA Form 300.
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 14300.11 - Recording Criteria for Work-Related Tuberculosis Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic requirement. If any of your
					 employees has been occupationally exposed to anyone with a known case of active
					 tuberculosis (TB), and that employee subsequently develops a tuberculosis
					 infection, as evidenced by a positive skin test or diagnosis by a physician or
					 other licensed health care professional, you must record the case on the
					 Cal/OSHA Form 300 by checking the "respiratory condition" column.
(b) Implementation.
(1) Do I have to record, on the Cal/OSHA Form
					 300, a positive TB skin test result obtained at a pre-employment physical?
No. You do not have to record it because the employee was
						not occupationally exposed to a known case of active tuberculosis in your
						workplace.
(2) May I
					 line-out or erase a recorded TB case if I obtain evidence that the case was not
					 caused by occupational exposure?
Yes. You may line-out or erase the case from the Cal/OSHA
						Form 300 under the following circumstances:
(A) The worker is living in a household with
					 a person who has been diagnosed with active TB;
(B) The Public Health Department has
					 identified the worker as a contact of an individual with a case of active TB
					 unrelated to the workplace; or
(C)
					 A medical investigation shows that the employee's infection was caused by
					 exposure to TB away from work, or proves that the case was not related to the
					 workplace TB exposure.
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 14300.12 - Recording Criteria for Cases Involving Work-Related Musculoskeletal Disorders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Record work-related injuries and illnesses involving
						muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs in
						accordance with the requirements applicable to any injury or illness under
						Sections 14300.5,
						14300.6,
						14300.7, and
						14300.29. For entry (M) on the
						Cal/OSHA Form 300, you must check either the entry for "injury" or for "all
						other illnesses."
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
2. Amendment of section and new NOTE filed
						12-30-2002; operative 1-1-2003 pursuant to Government Code section
						11343.4
						(Register 2003, No. 1).
3. Amendment of section and NOTE filed
						4-23-2004; operative 4-23-2004 pursuant to Government Code section
						11343.4
						(Register 2004, No. 17).
4. Change without regulatory effect
						amending section filed 8-22-2007 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2007, No. 34).
Note: Authority cited: Section
						  6410, Labor
						  Code. Reference: Section
						  6410, Labor
						  Code; and 29 Code of Federal Regulations Section
						  1904.12.
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 14300.13-14300.28 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 14300.31 - Covered Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic requirement. You must record on the
					 Cal/OSHA Form 300 the recordable injuries and illnesses of 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. If your establishment is organized as a
					 sole proprietorship or partnership, the owner or partners are not considered
					 employees for recordkeeping purposes.
(b) Implementation.
(1) If a self-employed person is injured or
					 becomes ill while doing work at my establishment, do I need to record the
					 injury or illness?
No. Self-employed individuals are not covered by the
						Cal/OSHA Act or this regulation.
(2) If I obtain employees from a temporary
					 help service, employee leasing service, or personnel supply service, do I have
					 to record an injury or illness occurring to one of those employees?
You must record these injuries and illnesses if you
						supervise these employees on a day-to-day basis.
(3) If an employee in my establishment is a
					 contractor's employee, must I record an injury or illness occurring to that
					 employee?
If the contractor's employee is under the day-to-day
						supervision of the contractor, the contractor is responsible for recording the
						injury or illness. If you supervise the contractor employee's work on a
						day-to-day basis, you must record the injury or illness.
(4) Must the personnel supply service,
					 temporary help service, employee leasing service, or contractor also record the
					 injuries or illnesses occurring to temporary, leased or contract employees that
					 I supervise on a day-to-day basis?
No. You and the temporary help service, employee leasing
						service, personnel supply service, or contractor should coordinate your efforts
						to make sure that each injury and illness is recorded only once: either on your
						Cal/OSHA Form 300 (if you provide day-to-day supervision) or on the other
						employer's Cal/OSHA Form 300 (if that company provides day-to-day
						supervision).
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 14300.32 - Annual Summary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Basic requirement. At the end of each calendar year, you must:
(1) Review the Cal/OSHA Form 300 to verify
					 that the entries are complete and accurate, and correct any deficiencies
					 identified;
(2) Create an annual
					 summary of injuries and illnesses recorded on the Cal/OSHA Form 300 using the
					 Cal/OSHA Form 300A Annual Summary of Work-related Injuries and
					 Illnesses;
(3) Certify the annual
					 summary; and
(4) Post the annual
					 summary.