SafetyQuestion 1630 of 1632

A worker is admitted to hospital for treatment at 6 a.m. on Tuesday, and the superintendent first learns of it at 9 a.m. the same day. There are no exigent circumstances. By when must Cal/OSHA be told, and what else does the employer owe?

a.By 6 a.m. Wednesday, 24 hours after the admission, plus a report to the insurer within five days
b.By 9 a.m. Wednesday, 24 hours after he learned of it, and no further report is required here
c.Within five days to Cal/OSHA, because the stay was for treatment rather than for observation
d.By 5 p.m. Tuesday, 8 hours after he learned of it, plus a report to the insurer within five days

Explanation

Section 342(a) requires the report immediately, meaning as soon as practically possible and never more than 8 hours after the employer KNOWS, or with diligent inquiry would have known, of the serious injury. The clock therefore starts at 9 a.m. when the superintendent learned of it, not at 6 a.m. when the worker was admitted, and it runs out at 5 p.m. The 24-hour figure applies only where the employer can demonstrate exigent circumstances, and there are none. Separately, Labor Code §6409.1(a) requires a report on every injury with treatment beyond first aid within five days of the employer obtaining knowledge; the 8-hour call does not replace it.

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

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