United States: Cal/OSHA Emergency Regulation On Injury And Illness Recording And Recordkeeping Will Require Certain Employer Action By December 31, 2018

Recently, Cal/OSHA published its Proposed Emergency Regulatory Action on Recording and Reporting of Occupational Injuries and Illnesses, as required by Assembly Bill 2334, which was signed into law last month. The new law, which takes effect on January 1, 2019, amends state occupational safety and health law regarding injury and illness recordkeeping requirements. Under the emergency regulations, certain employers must submit their Cal/OSHA 300 logs by December 31, 2018.

What Does AB 2334 Require?

The new law focuses on two health and safety law components:

First, it establishes a rule similar to the "Volks" Rule in California. The "Volks" Rule (also known as the federal "Clarification of Employer's Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness") made recordkeeping requirements a continuing obligation for employers and allows Cal/OSHA to issue citations to employers for failing to record work-related injuries and illnesses for a five-year retention period. The original recordkeeping statute of limitations was six months. The federal government rescinded the "Volks" Rule in 2017 through the use of the Congressional Review Act. Under that Act, OSHA is prevented from ever issuing a rule that is substantially the same as the rescinded version.

California is attempting to circumvent this concept through Assembly Bill 2334, which by its terms allows Cal/OSHA to issue a recordkeeping citation for errors to Cal/OSHA logs for up to five years. Under the Bill, the agency has six months to issue a citation from the time an employer corrects an issue, Cal/OSHA discovers a recordkeeping violation, or where the requirement no longer exists because of changes in regulation.

Second, the law focuses on a new electronic record keeping component. The federal government developed an electronic recordkeeping requirement in 2016. Assembly Bill 2334 states if the federal government stops enforcing the electronic record keeping rule, California will form an advisory committee on how to enforce the rule. Cal/OSHA recently published a notice of proposed emergency regulatory action focused on one specific piece of the electronic recordkeeping requirement – submission of the OSHA Form 300A. The action allows Cal/OSHA to propose a regulation that requires employers in California to submit their 300A forms. The deadline to electronically file these records is in two months on December 31, 2018.

Proposed Emergency Regulation

The proposed emergency regulation has a five-day comment period; it will then be submitted to the Office of Administrative Law. After the emergency regulation is published, Cal/OSHA will submit a separate permanent regulation. The permanent regulation will likely read the same as the emergency regulation and employers will have 180 days to comment. Employers, however, will have to submit their logs by December 31, 2018, as stated in the proposed emergency regulation, even though it is not a permanent regulation.

The proposed emergency regulation identifies two categories of employers that must submit their Cal/OSHA 300A forms by December 31, 2018: (1) Employers with over 250 employees per establishment, and (2) Employers with between 20-250 employees per establishment that conduct work in one of the designated industries listed below:

  • Agriculture, forestry, fishing and hunting.
  • Utilities.
  • Construction.
  • Manufacturing.
  • Wholesale trade.
  • Automotive parts, accessories, and tire stores.
  • Furniture stores.
  • Home furnishings stores.
  • Building material and supplies dealers.
  • Lawn and garden equipment and supplies stores.
  • Grocery stores.
  • Specialty food stores.
  • Department stores.
  • Other general merchandise stores.
  • Used merchandise stores.
  • Vending machine operators.
  • Direct selling establishments.
  • Scheduled air transportation.
  • General freight trucking.
  • Specialized freight trucking.
  • Urban transit systems.
  • Interurban and rural bus transportation.
  • Taxi and limousine service.
  • School and employee bus transportation.
  • Charter bus industry.
  • Other transit and ground passenger transportation.
  • Scenic and sightseeing transportation, land.
  • Support activities for air, rail, water, or road transportation.
  • Other support activities for transportation.
  • Postal service.
  • Couriers and express delivery services.
  • Local messengers and local delivery.
  • Warehousing and storage.
  • Cable and other subscription programming.
  • Lessors of real estate.
  • Automotive equipment rental and leasing.
  • Consumer goods rental.
  • General rental centers.
  • Services to buildings and dwellings.
  • Waste collection.
  • Waste treatment and disposal.
  • Remediation and other waste management services.
  • Other ambulatory health care services.
  • General medical and surgical hospitals.
  • Psychiatric and substance abuse hospitals.
  • Specialty (except psychiatric and substance abuse) hospitals.
  • Nursing care facilities.
  • Residential mental retardation, mental health and substance abuse facilities.
  • Community care facilities for the elderly.
  • Other residential care facilities.
  • Community food and housing, and emergency and other relief services.
  • Vocational rehabilitation services.
  • Performing arts companies.
  • Spectator sports.
  • Museums, historical sites, and similar institutions.
  • Amusement parks and arcades.
  • Gambling industries.
  • Traveler accommodation.
  • RV (recreational vehicle) parks and recreational camps.
  • Rooming and boarding houses.
  • Special food services.
  • Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance.
  • Dry-cleaning and laundry services.

Other employers will need to submit Cal/OSHA 300A forms electronically by request of Cal/OSHA.

Next Steps

Employers may want to consider consulting with counsel and conducting audits of their recordkeeping practices to ensure accuracy. Over the coming months, with these changes, we anticipate Cal/OSHA will be very aggressive at scrutinizing employers' recordkeeping logs and we will likely see a rise in recordkeeping violations. California employers should remain diligent with respect to accurately recording workplace injuries and illnesses.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions