2011 California Code
Labor Code
DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9104]
CHAPTER 3. Responsibilities and Duties of Employers and Employees
Section 6409.1

(a) Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409, to each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid. An insured employer shall file the report with the insurer on a form prescribed by the Administrative Director of the Division of Workers Compensation for that purpose within five days after the employer obtains knowledge of the injury or illness that has, or is alleged to have, arisen out of and in the course of employment. A self-insured employer, the state, or the insurer of an insured employer shall file the report in the electronic form prescribed for that purpose by the administrative director pursuant to Section 138.6 within the time prescribed by the administrative director. The administrative director shall ensure that the report required by this subdivision contains necessary information to continue to be acceptable as substitute documentation for purposes of recordkeeping required under the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.). Each report of occupational injury or occupational illness shall indicate the social security number of the injured employee. In the event an employer has filed a report of injury or illness pursuant to this subdivision and the employee subsequently dies as a result of the reported injury or illness, the employer shall file an amended report indicating the death with the Department of Industrial Relations, through its Division of Workers Compensation or, if an insured employer, with the insurer, within five days after the employer is notified or learns of the death. A copy of any amended reports received by the insurer shall be filed with the Division of Workers Compensation in electronic form as prescribed by the administrative director.

(b) In every case involving a serious injury or illness, or death, in addition to the report required by subdivision (a), a report shall be made immediately by the employer to the Division of Occupational Safety and Health by telephone or telegraph. An employer who violates this subdivision may be assessed a civil penalty of not less than five thousand dollars ($5,000). Nothing in this subdivision shall be construed to increase the maximum civil penalty, pursuant to Sections 6427 to 6430, inclusive, that may be imposed for a violation of this section.

(Amended by Stats. 2008, Ch. 740, Sec. 1. Effective January 1, 2009.)