Section 6409.1 Of Chapter 3. Responsibilities And Duties Of Employers And Employees From California Labor Code >> Division 5. >> Part 1. >> Chapter 3.
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, of each employee which results in
lost time beyond the date of the injury or illness, or which requires
medical treatment beyond first aid, with the Department of
Industrial Relations or, if an insured employer, with the insurer, on
a form prescribed for that purpose by the department. A report shall
be filed concerning each injury and illness which has, or is alleged
to have, arisen out of and in the course of employment, within five
days after the employer obtains knowledge of the injury or illness.
Each report of occupational injury or occupational illness shall
indicate the social security number of the injured employee. In the
case of an insured employer, the insurer shall file with the division
immediately upon receipt, a copy of the employer's report, which has
been received from the insured employer. 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 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 immediately upon receipt.
(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 email. 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.