California Assembly (AB) Bill 2837 now includes provisions increasing the amount of penalties for employers failing to report a fatal or serious injury of an employee from $500 to $5,000, effective January 1, 2003.
Additionally, AB 2837 states an employer, officer, management official, or supervisor who knowingly fails to report a death to OSHA or knowingly induces another to do so is guilty of a misdemeanor and will face a penalty of up to one year in jail, a fine of up to $15,000, or both. Corporations or a limited liability companies acting in this capacity could face fines up to $150,000.
Serious injury or illness is defined as an amputation of a body part, disfigurement or a work-related injury requiring more than 24 hours of inpatient hospitalization for reasons other than observation.
Employers must report the name and location of the injured person, the nature of the injury or illness, a description of the accident including its time and date, the employer’s name, address and telephone number and other relevant information to the nearest California OSHA office by phone or fax within eight hours.