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The Division Shall Conduct An Investigation Into The Cause Of The Following Types Of Industrial Accidents

Investigation of an accident as specified in this section need not be conducted if the District Manager determines, according to guidelines found in P&P C-36, that an accident investigation is unnecessary. If a determination is made that an investigation is unnecessary, the reason(s) for the determination shall be summarized and recorded on the Cal/OSHA 36(S).

a.  Fatality ("FAT")

An employee death resulting from an employment injury, illness, or exposure related to a workplace hazard or condition.

b. Serious Injury

Any injury or illness to one or more employees which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation, or in which an employee suffers the loss of any member of the body, or suffers any serious degree of physical disfigurement, but does not include any injury or illness or death caused by a commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway. See Labor Code Section 6302(h).

c. Serious Exposure

Any exposure of one or more employees to a hazardous substance when the exposure occurs as a result of an incident, accident, emergency or exposure over time and is of a degree or amount sufficient to create a substantial probability that death or serious physical harm in the future could result from the exposure. See Labor Code Section 6302(i).

d. Catastrophe ("CAT")

The inpatient hospitalization, regardless of duration, of three (3) or more employees resulting from an employment injury, illness or exposure caused by a workplace hazard or condition.

NOTE ONE: It is not necessary that the injury, illness or exposure be of a serious nature if three (3) or more employees are hospitalized as a result of the injury, illness or exposure.

NOTE TWO: Even though the investigation of a catastrophe is not required by Labor Code Section 6313, the Division has determined that in order to be "as effective as" federal OSHA, the investigation of a catastrophe is mandatory.

2. Discretionary

At the discretion of the Chief, the Division may investigate the causes of any other type of industrial accident, or occupational illness, which occurs within the state in any employment or place of employment, or which directly or indirectly arises from or is connected with the maintenance or operation of the employment, or the place of employment, and shall issue any orders necessary to eliminate the causes and to prevent reoccurrence of the accident. Labor Code Section 6313(b).

 

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Contact a Accident Attorney for the following California cities:

  • Antioch
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  • Sylmar
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