On August 30, 2019, Governor Newsom signed into law AB 1804, which requires employers to immediately report any serious occupational illness, injury or death to the California Division of Occupational Safety and Health, by telephone or by an online mechanism to be established for this purpose.  Until the online mechanism is available, employers may report by telephone or email.  Failure to report is subject to a $5,000 civil penalty.  This new law becomes effective January 1, 2020.

This requirement is in addition to the existing employer requirement to report any workplace injury or illness resulting in lost time beyond the date of the injury or illness, or that requires medical treatment beyond first aid, to the Department of Industrial Relations on a form provided for this purpose, within 5 days of the employer’s knowledge of the injury or illness.  In the event a death results from the reported injury or illness, the employer must amend the original report within 5 days of learning of the death.

The author would like to gratefully acknowledge the assistance of Joanne Warriner.