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(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)
(2) How do I record a work-related injury or illness that results in a fatality?
You must record an injury or illness that results in a fatality, as defined in Section 14300.46 of this Article, by entering a mark on the Cal/OSHA Form 300 in the column labeled for cases resulting in death. You must also report any work-related fatality or serious injury or illness to the Division of Occupational Safety and Health within eight (8) hours, as required by Title 8 Section 342.
(3) How do I record a work-related injury or illness that results in days away from work?
When an injury or illness involves one or more days away from work, you must record the injury or illness on the Cal/OSHA Form 300 with a mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.
(A) Do I count the day on which the injury occurred or the illness began?
No. You begin counting days away on the day after the injury occurred or the illness began.
(B) How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home but the employee comes to work anyway?
You must record these injuries and illnesses on the Cal/OSHA Form 300 using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional. If a physician or other licensed health care professional recommends days away, you should encourage your employee to follow that recommendation. However, the days away must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.
(C) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway?
In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work.
(D) How do I count weekends, holidays, or other days the employee would not have worked anyway?
You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness.
(E) How do I record a case in which a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend?
You need to record this case only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the weekend. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.
(F) How do I record a case in which a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing?
You need to record a case of this type only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the scheduled time off. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.
(G) Is there a limit to the number of days away from work I must count?

Yes. You may "cap" the total days away at 180 calendar days. You are not required to keep track of the number of calendar days away from work if the injury or illness resulted in more than 180 calendar days away from work and/or days of job transfer or restriction. In such a case, entering 180 in the total days away column will be considered adequate.
(H) May I stop counting days if an employee who is away from work because of an injury or illness retires or leaves my company?
Yes. If the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction/job transfer and enter the day count on the Cal/OSHA Form 300.
(I) If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years?
No. You only record the injury or illness once. You must enter the number of calendar days away for the injury or illness on the Cal/OSHA Form 300 for the year in which the injury or illness occurred. If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap.
(4) How do I record a work-related injury or illness that results in restricted work or job transfer?
When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the Cal/OSHA Form 300 by placing a mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.
(A) How do I decide if the injury or illness resulted in restricted work?
Restricted work occurs when, as the result of a work-related injury or illness:

1. You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or
2. A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.
(B) What is meant by "routine functions"?
For recordkeeping purposes, an employee's routine functions are those work activities the employee regularly performs at least once per week.
(C) Do I have to record restricted work or job transfer if it applies only to the day on which the injury occurred or the illness began?
No. You do not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began.

(D) If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case?
No. A recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.
(E) How do I record a case where the worker works only for a partial work shift because of a work-related injury or illness?
A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began.
(F) If the injured or ill worker produces fewer goods or services than he or she would have produced prior to the injury or illness but otherwise performs all of the routine functions of his or her work, is the case considered a restricted work case?
No. The case is considered restricted work only if the worker does not perform all of the routine functions of his or her job or does not work the full shift that he or she would otherwise have worked.
(G) How do I handle vague restrictions from a physician or other licensed health care professional, such as that the employee engage only in "light duty" or "take it easy for a week"?
If you are not clear about the physician or other licensed health care professional's recommendation, you may ask that person whether the employee can do all of his or her routine job functions and work all of his or her normally assigned work shift. If the answer to both of these questions is "Yes," then the case does not involve a work restriction and does not have to be recorded as such. If the answer to one or both of these questions is "No," the case involves restricted work and must be recorded as a restricted work case. If you are unable to obtain this additional information from the physician or other licensed health care professional who recommended the restriction, record the injury or illness as a case involving restricted work.
(H) What do I do if a physician or other licensed health care professional recommends a job restriction meeting the definition in Section 14300.7(b)(4)(A), but the employee does all of his or her routine job functions anyway?
You must record the injury or illness on the Cal/OSHA Form 300 as a restricted work case. If a physician or other licensed health care professional recommends a job restriction, you should ensure that the employee complies with that restriction. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.
(I) How do I decide if an injury or illness involved a transfer to another job?
If you assign an injured or ill employee to a job other than his or her regular job for part of the day, the case involves transfer to another job. Note : This does not include the day on which the injury or illness occurred.

(J) Are transfers to another job recorded in the same way as restricted work cases?
Yes. Both job transfer and restricted work cases are recorded in the same box on the Cal/OSHA Form 300. For example, if you assign, or a physician or other licensed health care professional recommends that you assign, an injured or ill worker to his or her routine job duties for part of the day and to another job for the rest of the day, the injury or illness involves a job transfer. You must record an injury or illness that involves a job transfer by placing a check in the box for job transfer.
(K) How do I count days of job transfer or restriction?
You count days of job transfer or restriction in the same way you count days away from work, using Sections 14300.7(b)(3)(A) to (H), above. The only difference is that, if you permanently assign the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is made permanent. You must count at least one day of restricted work or job transfer for such cases.

(5) How do I record an injury or illness that involves medical treatment beyond first aid?
If a work-related injury or illness results in medical treatment beyond first aid, you must record it on the Cal/OSHA Form 300. If the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, you enter a mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.
(A) What is the definition of medical treatment?
"Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of Article 2, medical treatment does not include:
1. Visits to a physician or other licensed health care professional solely for observation or counseling;
2. The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
3. "First aid" as defined in subsection (b)(5)(B) of this section.
(B) What is "first aid"?
For the purposes of Article 2, "first aid" means the following:
1. Using a nonprescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes);
2. Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);
3. Cleaning, flushing or soaking wounds on the surface of the skin;
4. Using wound coverings such as bandages, Band-AidsE , gauze pads, etc.; or using butterfly bandages or Steri-StripsE (other wound closing devices such as sutures, staples, etc. are considered medical treatment);
5. Using hot or cold therapy;
6. Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);
7. Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, backboards, etc.);
8. Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
9. Using eye patches;
10. Removing foreign bodies from the eye using only irrigation or a cotton swab;
11. Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means;
12. Using finger guards;
13. Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or
14. Drinking fluids for relief of heat stress.
(C) Are any other procedures included in first aid?
No. This is a complete list of all treatments considered first aid for purposes of Article 2.
(D) Does the professional status of the person providing the treatment have any effect on what is considered first aid or medical treatment?
No. The treatments listed in Section 14300.7(b)(5)(B) of this Article are considered to be first aid regardless of the professional status of the person providing the treatment. Even when these treatments are provided by a physician or other licensed health care professional, they are considered first aid for the purposes of Article 2. Similarly, treatment beyond first aid is considered to be medical treatment even when it is provided by someone other than a physician or other licensed health care professional.
(E) What if a physician or other licensed health care professional recommends medical treatment but the employee does not follow the recommendation?
If a physician or other licensed health care professional recommends medical treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the case even if the injured or ill employee does not follow the physician or other licensed health care professional's recommendation.
(6) Is every work-related injury or illness case involving a loss of consciousness recordable?
Yes. You must record a work-related injury or illness if the worker becomes unconscious, regardless of the length of time the employee remains unconscious.
(7) What is a "significant" diagnosed injury or illness that is recordable under the general criteria 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?
Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional. Note to Section 14300.7: Most significant injuries and illnesses will result in one of the criteria listed in Section 14300.7(a): death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis, and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. Cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.




s 14300.8. Recording Criteria for Needlestick and Sharps Injuries.
(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.
(2) Does this mean that I must record all cuts, lacerations, punctures, and scratches?
No. You need to record cuts, lacerations, punctures, and scratches only if they are work-related and involve contamination with another person's blood or other potentially infectious material. If the cut, laceration, or scratch involves a clean object, or a contaminant other than blood or other potentially infectious material, you need to record the case only if it meets one or more of the recording criteria in Section 14300.7.
(3) If I record an injury and the employee is later diagnosed with an infectious bloodborne disease, do I need to update the Cal/OSHA Form 300?
Yes. You must update the classification of the case on the Cal/OSHA Form 300 if the case results in death, days away from work, restricted work, or job transfer. You must also update the description to identify the infectious disease and change the classification of the case from an injury to an illness.
(4) What if one of my employees is splashed or exposed to blood or other potentially infectious material without being cut or scratched? Do I need to record this incident?
You need to record such an incident on the Cal/OSHA Form 300 as an illness if:
(A) It results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or hepatitis C; or
(B) It meets one or more of the recording criteria in Section 14300.7.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.




s 14300.9. Recording Criteria for Cases Involving Medical Removal Under Cal/OSHA Standards.
(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.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.




s 14300.10. Recording Criteria for Cases Involving Occupational Hearing Loss.
(a) Basic requirement. If an employee's hearing test (audiogram) reveals that the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee's total hearing level is 25 decibels (dB) or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you must record the case on the Cal/OSHA Form 300 (Rev. 4/2004).
(b) Implementation.
(1) What is a Standard Threshold Shift? A Standard Threshold Shift, or STS, is defined in the occupational noise exposure standard at section 5097(d)(8) as a change in hearing threshold, relative to the baseline audiogram for that employee, of an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) in one or both ears.
(2) How do I evaluate the current audiogram to determine whether an employee has an STS and a 25-dB hearing level?
(i) STS. If the employee has never previously experienced a recordable hearing loss, you must compare the employee's current audiogram with that employee's baseline audiogram. If the employee has previously experienced a recordable hearing loss, you must compare the employee's current audiogram with the employee's revised baseline audiogram (the audiogram reflecting the employee's previous recordable hearing loss case).
(ii) 25-dB loss. Audiometric test results reflect the employee's overall hearing ability in comparison to audiometric zero. Therefore, using the employee's current audiogram, you must use the average hearing level at 2000, 3000, and 4000 Hz to determine whether or not the employee's total hearing level is 25 dB or more.
(3) May I adjust the current audiogram to reflect the effects of aging on hearing?
Yes. When you are determining whether an STS has occurred, you may age adjust the employee's current audiogram results by using Tables F as appropriate, in Appendix F of Title 8 General Industry Safety Orders, Article 105, section 5095 to 5100. You may not use an age adjustment when determining whether the employee's total hearing level is 25 dB or more above audiometric zero.
(4) Do I have to record the hearing loss if I am going to retest the employee's hearing?
No, if you retest the employee's hearing within 30 days of the first test, and the retest does not confirm the recordable STS, you are not required to record the hearing loss case on the Cal/OSHA 300 Log. If the retest confirms the recordable STS, you must record the hearing loss illness within seven (7) calendar days of the retest. If subsequent audiometric testing performed under the testing requirements of the noise standard at section 5097 indicates that an STS is not persistent, you may erase or line-out the recorded entry.
(5) Are there any special rules for determining whether a hearing loss case is work-related?
No. You must use the rules in section 14300.5 to determine if the hearing loss is work-related. If an event or exposure in the work environment either caused or contributed to the hearing loss, or significantly aggravated a pre-existing hearing loss, you must consider the case to be work related.
(6) If a physician or other licensed health care professional determines the hearing loss is not work-related, do I still need to record the case?
If a physician or other licensed health care professional determines that the hearing loss is not work-related or has not been significantly aggravated by occupational noise exposure, you are not required to consider the case work-related or to record the case on the Cal/OSHA Form 300.
(7) How do I complete the Form 300 for a hearing loss case?
When you enter a recordable hearing loss case on the Cal/OSHA Form 300 (Rev. 4/2004), you must check the 300 Log column for hearing loss.
Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code; and 29 Code of Federal Regulations Section 1904.10.





s 14300.11. Recording Criteria for Work-Related Tuberculosis Cases.
(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.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.




s 14300.12. Recording Criteria for Cases Involving Work-Related Musculoskeletal Disorders.
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 (Rev. 4/2004), you must check either the entry for "injury" or for "all other illnesses."
Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code; and 29 Code of Federal Regulations Section 1904.12.





s 14300.13-14300.28. [Reserved]






s 14300.29. Forms.
(a) Basic requirement. You must use Cal/OSHA 300, 300A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The Cal/OSHA Form 300 (Rev. 4/2004) is called the Log of Work-Related Injuries and Illnesses, the Cal/OSHA Form 300A (Rev. 4/2004) is called the Summary of Work-Related Injuries and Illnesses, and the Cal/OSHA Form 301 is called the Injury and Illness Incident Report. Appendices A through C give samples of the Cal/OSHA forms. Appendices D through F provide elements for development of equivalent forms consistent with Section 14300.29(b)(4) requirements. Appendix G is a worksheet to assist in completing the Cal/OSHA Form 300A (Rev. 4/2004).
(b) Implementation.
(1) What do I need to do to complete the Cal/OSHA Form 300?
You must enter information about your establishment at the top of the Cal/OSHA Form 300 (Rev. 4/2004) by entering a one or two line description for each recordable injury or illness, and summarizing this information on the Cal/OSHA Form 300A (Rev. 4/2004) at the end of the year.
(2) What do I need to do to complete the Cal/OSHA Form 301 Incident Report?
You must complete a Cal/OSHA 301 Incident Report form, or an equivalent form, for each injury or illness required to be entered on the Cal/OSHA Form 300 (Rev. 4/2004).
(3) How quickly must each injury or illness be recorded?
You must enter each recordable injury or illness on the Cal/OSHA Form 300 (Rev. 4/2004) and Cal/OSHA Form 301 Incident Report within seven (7) calendar days of receiving information that a recordable injury or illness has occurred.
(4) What is an equivalent form?
An equivalent form is one that has the same information, is as readable and understandable to a person not familiar with it, and is completed using the same instructions as the Cal/OSHA form it replaces.
(5) May I keep my records on a computer?
Yes. If the computer can produce equivalent forms when they are needed, as described under Sections 14300.35 and 14300.40, you may keep your records using a computer system.
(6) Are there situations where I do not put the employee's name on the forms for privacy reasons?
Yes. If you have a "privacy concern case," as described in subsection (b)(7) of this section, you may not enter the employee's name on the Cal/OSHA Form 300 (Rev. 4/2004). Instead, enter "privacy case" in the space normally used for the employee's name. This will protect the privacy of the injured or ill employee when another employee, a former employee, or an authorized employee representative is provided access to the Cal/OSHA Form 300 (Rev. 4/2004) under Section 14300.35(b)(2). You must keep a separate, confidential list of the case numbers and employee names for your privacy concern cases so you can update the cases and provide the information to the government if asked to do so.
(7) How do I determine if an injury or illness is a privacy concern case?
You must consider the following injuries or illnesses to be privacy concern cases:
(A) An injury or illness to an intimate body part or the reproductive system;
(B) An injury or illness resulting from a sexual assault;
(C) Mental illnesses;
(D) HIV infection, hepatitis, or tuberculosis;
(E) Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (see Section 14300.8 for definitions); and
(F) Other illnesses, if the employee independently and voluntarily requests that his or her name not be entered on the log.
(8) May I classify any other types of injuries and illnesses as privacy concern cases?
No. This is a complete list of all injuries and illnesses considered privacy concern cases for purposes of Article 2.
(9) If I have removed the employee's name, but still believe that the employee may be identified from the information on the forms, is there anything else that I can do to further protect the employee's privacy?
Yes. If you have a reasonable basis to believe that information describing the privacy concern case may be personally identifiable even though the employee's name has been omitted, you may use discretion in describing the injury or illness on both the Cal/OSHA forms 300 and 301. You must enter enough information to identify the cause of the incident and the general severity of the injury or illness, but you do not need to include details of an intimate or private nature. For example, a sexual assault case could be described as "injury from assault," or an injury to a reproductive organ could be described as "lower abdominal injury."
(10) What must I do to protect employee privacy if I wish to provide access to the Cal/OSHA forms 300 and 301 to persons other than government representatives, employees, former employees or authorized representatives?
If you decide to voluntarily disclose the forms to persons other than government representatives, employees, former employees or authorized representatives (as required by Sections 14300.35 and 14300.40), you must remove or hide the employees' names and other personally identifying information, except for the following cases. You may disclose the forms with personally identifying information only:
(A) to an auditor or consultant hired by the employer to evaluate the safety and health program;
(B) to the extent necessary for processing a claim for workers' compensation or other insurance benefits; or

(C) to a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 CFR.164.512.
Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code; and 29 Code of Federal Regulations Section 1904.29.





s 14300.30. Multiple Establishments.
(a) Basic requirement. You must keep a separate Cal/OSHA Form 300 for each establishment that is expected to be in operation for one year or longer.
(b) Implementation.
(1) Do I need to keep injury and illness records for short-term establishments (i.e., establishments that will exist for less than a year)?

Yes. However, you do not have to keep a separate Cal/OSHA Form 300 for each such establishment. You may keep one Cal/OSHA Form 300 that covers all of your short-term establishments. You may also include the short-term establishments' recordable injuries and illnesses on a Cal/OSHA Form 300 that covers short-term establishments for individual company divisions or geographic regions.
(2) May I keep the records for all of my establishments at my headquarters location or at some other central location?
Yes. You may keep the records for an establishment at your headquarters or other central location if you:
(A) Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred.
Exception: If you have an establishment in SIC Code 781 and it is operated at a location that is remote from your central location, you must transmit the information to the central location within the lesser of 30 calendar days of learning of the injury or illness, or 7 calendar days of termination of operations at the remote location;

(B) Produce and send the records from the central location to the establishment within the time frames required by Section 14300.35 and Section 14300.40 when you are required to provide records to a government representative, employee, former employee or employee representative;
(C) Have the address and telephone number of the central location or headquarters where records are kept available at each worksite; and
(D) Have personnel available at the central location or headquarters where records are kept during normal business hours to transmit information from the records maintained there as required by Section 14300.35 and Section 14300.40.
(3) Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees?
You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record each injury and illness on the Cal/OSHA Form 300 of the injured or ill employee's establishment, or on a Cal/OSHA Form 300 that covers that employee's short-term establishment.

(4) How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any of my establishments?
If the injury or illness occurs at one of your establishments, you must record the injury or illness on the Cal/OSHA Form 300 of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the Cal/OSHA Form 300 for the establishment at which the employee normally works.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.




s 14300.31. Covered Employees.
(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).




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.





s 14300.32. Annual Summary.
(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.
(b) Implementation.
(1) How extensively do I have to review the Cal/OSHA Form 300 entries at the end of the year?
You must review the entries as extensively as necessary to make sure that they are complete and correct.
(2) How do I complete the annual summary?
You must:
(A) Total the columns on the Cal/OSHA Form 300 (if you had no recordable cases, enter zeros for each column total); and
(B) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the Cal/OSHA Form 300, and the total hours worked by all employees covered by the Cal/OSHA Form 300.
(C) If you are using an equivalent form other than the Cal/OSHA 300A, as permitted under Section 14300.29(b)(4), the annual summary you use must also include the employee access and employer penalty statements found on the Cal/OSHA Form 300A.
(3) How do I certify the annual summary?
A company executive must certify that he or she has examined the Cal/OSHA Form 300 and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.
(4) Who is considered a company executive?
The company executive who certifies the log must be one of the following persons:

(A) An owner of the company (this is required only if the company is a sole proprietorship or partnership);
(B) An officer of the corporation;
(C) The highest ranking company official working at the establishment; or
(D) The immediate supervisor of the highest ranking company official working at the establishment.
(5) How do I post the annual summary?
You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material.
(6) When do I have to post the annual summary?
You must post the annual summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.

(7) What must be done for employees who do not normally report at least weekly to a location where the annual summary is posted for the establishment at which they work? Employers are required to present or mail the annual summary to each employee who receives pay during the February through April posting period who does not normally report at least weekly to a location where the annual summary is posted for the establishment to which they are linked for recordkeeping purposes as described at Section 14300.30(b)(3).
(8) Do I have to post the annual summary at locations where I no longer have operations or employees?
For multi-establishment employers where operations have closed down in some establishments during the calendar year, it will not be necessary to post summaries for those establishments.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.





s 14300.33. Retention and Updating.
(a) Basic requirement. You must save the Cal/OSHA Form 300, the privacy case list (if one exists), the Cal/OSHA Form 300A, and the Cal/OSHA Form 301 Incident Reports for five (5) years following the end of the calendar year that these records cover.
(b) Implementation.
(1) Do I have to update the Cal/OSHA 300 Form during the five-year storage period?
Yes. During the storage period, you must update your stored Cal/OSHA 300 forms to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information.
(2) Do I have to update the Cal/OSHA 300A Annual Summary of Work-related Injuries and Illnesses?
No. You are not required to update the annual summary, but you may do so if you wish.
(3) Do I have to update the Cal/OSHA 301 Incident Reports?
No. You are not required to update the Cal/OSHA 301 Incident Reports, but you may do so if you wish.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.




s 14300.34. Change in Establishment Ownership.
If your establishment changes ownership, you are responsible for recording and reporting work-related injuries and illnesses only for that period of the year during which you owned the establishment. You must transfer the records required by this article to the new owner. The new owner must save all records of the establishment kept by the prior owner, as required by Section 14300.33 of this Article, but need not update or correct the records of the prior owner.




Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.





s 14300.35. Employee Involvement.
(a) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways.
(1) You must inform each employee of how he or she is to report an injury or illness to you.
(2) You must provide limited access to your injury and illness records for your employees and their representatives.
(b) Implementation.
(1) What must I do to make sure that employees report work-related injuries and illnesses to me?
(A) You must set up a way for employees to report work-related injuries and illnesses promptly; and
(B) You must tell each employee how to report work-related injuries and illnesses to you.
(2) Do I have to give my employees and their representatives access to the injury and illness records required by this article?
Yes. Your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the injury and illness records required by this article, with some limitations, as discussed below.
(A) Who is an authorized employee representative?

An authorized employee representative is an authorized collective bargaining agent of employees.
(B) Who is a "personal representative" of an employee or former employee?
A personal representative is:
1. Any person that the employee or former employee designates as such, in writing; or
2. The legal representative of a deceased or legally incapacitated employee or former employee.
(C) If an employee or his or her representative asks for access to the Cal/OSHA Form 300 and annual summary when do I have to provide it?
When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored Cal/OSHA 300 forms or a current or stored annual summary for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant Cal/OSHA 300 forms and annual summaries by the end of the next business day.
Exception: If your establishment is in SIC Code 781, you must give the requester the information within 7 calendar days.
(D) May I remove the names of the employees or any other information from the Cal/OSHA Form 300 before I give copies to an employee, former employee, or employee representative?
No. You must leave the names on the Cal/OSHA Form 300. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the Cal/OSHA Form 300 for certain "privacy concern cases," as specified in Sections 14300.29(b)(6) through 14300.29(b)(9).
(E) If an employee or representative asks for access to the Cal/OSHA 301 Incident Report, when do I have to provide it?
1. When an employee, former employee, or personal representative asks for a copy of the Cal/OSHA Form 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the Cal/OSHA 301 Incident Report containing that information by the end of the next business day.
Exception: If your establishment is in SIC Code 781, you must give the requester the information within 7 calendar days.
2. When an authorized employee representative asks for copies of the Cal/OSHA 301 Incident Reports or equivalent forms for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within seven (7) calendar days but with the following personally identifying information deleted:
1. Name;
2. Address;
3. Date of birth;
4. Date of hire;

5. Gender;
6. Name of physician; (continued)