The Cal-Osha Form 300 should be filled out and posted every year from February to April.
I have copied and pasted some information from the the Osha website pertaining to the cal-osha form 300 that all employers are required to fill out in the event of a workplace accident. Employers need to understand the difference between the way that the laws are written and how they are enforced in the field.
The differences I am speaking of are very wide ranging from your Safety Program, to documentation of your Hazard Inspections, and the posting of the Cal-Osha Form 300 along with several other aspects of Cal-Osha compliance.
The information below implies that it is not important for most businesses to post this form, and yet in the field the enforcement officers of Cal-Osha, will fine you for not having at least three up to six years of this records.
However, in the field if you were to quote the argument below as a reason that you did not fill out the Cal-Osha 300 Log the enforcement officer would point you to the fact that every employer must comply with all aspects of the safety program. This would include the reporting of accidents, which is done by filling out the Cal-Osha Form 300 Log, and if you don’t have the documentation to prove that you have done that the enforcement officer will tell you that he has no choice but to fine you. The reason for this is that he must prove to his boss that you are compliant and if there is no documentation then how can he prove it.
To further demonstrate my point please notice the following line taken out of section 143 “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.”
In conclusion California Employers Services encourages all employees to take the extra step and fill out and post the Cal-Osha Form 300. My mom used to say, “an ounce of prevention is worth a pound of cure.”
“CALIFORNIA CODE OF REGULATIONS
TITLE 8: Division 1, Chapter 7, Subchapter 1, Article 2
(As Submitted to the Office of Administrative Law)
- 14300.Purpose.
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.
NOTE: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.
Section 14300.1. Partial Exemption for Employers with 10 or Fewer Employees.
(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.”
Here is a direct link to section 143 as quoted above.https://www.dir.ca.gov/dosh/DoshReg/FinalEmpRec.html
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