This past February, Assembly Member Thurmond introduced Assembly Bill 2334, addressing employer electronic reporting requirements for occupational injuries and illness.1
AB 2334 was originally intended to create a California-specific injury and illness database, requiring employers to submit their electronic forms to the California Division of Occupational Safety and Health.2 The Bill however was significantly amended last month, resulting in a more deferential approach to the federal regulations.
The current Bill would not require employers to comply with any new California-specific requirements or regulation. Instead, it defers to Federal OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” rules regarding electronic submission of workplace injury and illness. In the event, however, that Federal OSHA eliminates their federal submission requirements, Cal/OSHA would be required to adopt new regulations that mimic the federal submission rules currently in place.
The Bill is in the late stages of approval, and legislative staff expects it to pass and become effective January 1, 2019. California employers can prepare for AB 2334 by ensuring that their electronic submission practices are up to date with the federal “Improve Tracking of Workplace Injuries and Illnesses” rules.
1 The act will add Sections 6410.1 and 6410.2 to the California Labor Code, relating to employment.
2 The link to the Assembly Bill redlined with amendments.