LOG 300, 300A & 301 REQUIRED FOR AUTO DEALERS
Background: Cal/OSHA now requires auto dealers and other employers to keep a record of occupational injuries and illnesses using OSHA Log 300. We note that Fed-OSHA had issued these requirements to auto dealers in 2015.
CALIFORNIA LAW ON LOG 300
As of the start of 2016, the California Occupation Health & Safety Standards Board has not approved of the changes to the recordkeeping guidelines. This process can take up to six months, essentially pushing the compliance date to January 1, 2017.
In summary, auto dealers in California are currently exempt from Log 300 requirements. See https://www.dir.ca.gov/dosh/DoshReg/FinalEmpRec.html. Cal/OSHA has inspected dealers for regulatory violations and has not requested to see the Log 300 as they are exempt per state regulations.
RECORDABLE: Federal-OSHA requires auto dealers to keep a record of occupational injuries and illnesses using Log of Work-Related Injuries & Illnesses (OSHA Form 300). We discussed this in great detail in our October 2014 Newsletter. We note that first-aid is not recordable on OSHA Log 300. The federal legal definition of first-aid is as follows:
Background: Dealers have recently been looking at providing Automatic External Defibrillators (AED) in their showrooms and debating whether to provide training to employees to render first-aid and CPR. In this newsletter, we discuss the regulatory requirements for first-aid kits, training for employees on first-aid & CPR, and AED.
Investigate Accidents: Save Money & Fight Fraud
A prompt, accurate and thoughtful accident investigation can, simply stated, save money and fight fraud. First, it is state law that mandates that an employer investigate each accident and take corrective measures to prevent repetition of accidents. Secondly, a written investigation report can be reviewed by senior management or the safety committee to undertake steps that would prevent such accidents in the future. Last and not the least, such reports can be useful ammo in fighting the 3F–Fictitious, Fraudulent or Frivolous claims. In summary, as an employer, it is your duty to provide a safe workplace and also to ensure that any worker’s compensation claim is legitimate and preventable in the future.
Civil & Criminal Penalties Increased for OSHA Violations
On October 5, 1999, Governor Davis signed into law a bill which increases the civil and criminal penalties for willful, serious and repeat violations of occupational safety and health (Cal-OSHA) standards. The law goes into effect on January 1, 2000, which gives the district attorneys more flexibility to prosecute as either a misdemeanor or a felony, willful violations of safety standards which result in a death or permanent/prolonged impairment.