SafetyQuestion 636 of 1632

When must an employer report a serious occupational injury, illness, or death to Cal/OSHA?

a.Immediately, and within 8 hours of knowledge
b.Within 24 hours, whatever the circumstances
c.Within 5 days, on Form 5020 to the administrator
d.Within 8 hours of the incident, not of knowledge

Explanation

Section 342(a) requires the report immediately - as soon as practically possible, and never more than 8 hours after the employer knows, or with diligent inquiry would have known, of the death or serious injury or illness. Option (d) is the near miss and it decides real cases: the clock runs from the employer's KNOWLEDGE, so a Friday-evening injury first learned of on Monday morning is due Monday afternoon, not the previous Friday. Option (b) states the 24-hour figure as the rule, when §342(a) allows it only where the employer can demonstrate exigent circumstances. Option (c) is the separate five-day Form 5020 report to the claims administrator under Labor Code §6409.1(a), which runs alongside the 8-hour call and does not satisfy it.

Law Reference: 8 CCR §342(a); Labor Code §6409.1(a)-(b)

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