California Construction Trucking Association (CCTA)

(a) Basic Requirement. “You must consider an injury or illness to meet the general recording criteria and therefore to be recordable, if it results in any of the following:
(b)(1)(i) Death
(b)(1)(ii) Days away from work
(b)(1)(iii) Restricted work or transfer to another job
(b)(1)(iv) Medical treatment beyond first aid
(b)(1)(v) Loss of consciousness
(b)(1)(vi) A significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.”

“…There are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis, but are likely to be recommended as the disease progresses. OSHA believes that cancer, chronic irreversible diseases, fractured or cracked bones and punctured eardrums are generally considered significant injuries and illnesses and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.”

“OSHA 1904.7 (b)(5)(i): What is the definition of medical treatment? “Medical Treatment” means the management and care of a patient to combat disease or disorder. For the purposes of Part 1904, medical treatment does not include:

(A) Visits to a physician or other licensed health care professional solely for observation or counseling:
(B) The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
(C) “First aid” as defined in paragraph (b)(5)(ii) of this section.”

Other injuries/illnesses are addressed in the new Standard. Internet addresses to some of these are included below for your easy reference:

Recording criteria for needle stick and sharps injuries.
http://www.osha-slc.gov/OshStd_data/1904_New/1904_0008.html

Recording criteria for cases involving occupation hearing loss.
http://www.osha-slc.gov/OshStd_data/1904_New/1904_0010.html

Recording criteria for work-related tuberculosis cases.
http://www.osha-slc.gov/OshStd_data/1904_New/1904_0011.html

Recording criteria for cases involving occupation hearing loss.
http://www.osha-slc.gov/OshStd_data/1904_New/1904_0012.html

First Reports of Occupational Injury or Illness

1. Is the physician required by California law to submit a Doctors First Report of Occupational Injury or Illness (Form 5021) to the employer’s insurance carrier in ALL occupational injury/illness, including first aid injuries as defined by Labor Code 5401(a)?

Answer: Yes

California Code of Regulations 14003
(a) Every physician, as defined in Labor Code Section 3209.3, who attends an injured employee shall file, within five days after initial examination, a complete report of every occupational injury or occupational illness to such employee, with the employer’s insurer, or with the employer, if self-insured. The injured or ill employee, if able to do so, shall complete a section of such report describing how the injury or illness occurred Unless the report is transmitted on a computer input media, the physician shall file the original signed report with the insurer or self-insured employer.

Labor Code 6409

(b) The reports required by this Section shall be made on Form 5021, Rev. 4, Doctor’s First Report of Occupational Injury or Illness….

(c) Every physician as defined in Section 3209.3 who attends any injured employee shall file a complete report of every occupational injury or occupational illness to the employee with the employer, or if insured, with the employer’s insurer, on forms prescribed for that purpose by the Division of Labor Statistics and Research. A portion of the form shall be completed by the injured employee, if he or she is able to do so, describing how the injury or illness occurred….

2.) Are employers required by California law to submit an Employer’s First Report of Occupational Injury or Illness (Form 5020) to their insurance carrier for all injury/illness cases seen by a doctor?

· The injury/illness results in lost time beyond the date of injury or illness
· The injury/illness requires medical treatment “beyond first aid”, only as defined in Labor Code 5401 (a). “Lost time” means absence from work for a full day or shift beyond the actual date of the injury or illness.
· No form 5020 is required if the case is a) no lot time and b) if all medical treatment if defined as “first aid” as defined per Labor Code 5401(a)

California Code of Regulations 14001

(a) Every employer shall file a complete report of every occupational injury of occupational illness to each employee, which results in lost time beyond the date of injury or illness or which requires medical treatment beyond first aid, as defined in Labor Code Section 5401(a). As used in this subdivision, “lost time” means absence from work for a full day or shift beyond the date of the injury or illness.

(b) The report(s) required by subdivisions 14001(a) and (b) shall be made on Form 5020, Rev. 6, Employer’s First Report of Occupational Injury or Illness, reproduced in accordance with Section 14005, or by the use of computer media….

Labor Code 6409

(a) Every employer shall file a complete report of every occupational injury of occupational illness, as defined by subdivision (b) of Section 6409, to each employee which results in lost time beyond the date of injury or illness, or which requires medical treatment beyond first aid, with the Dept. of Industrial Relations, through it’s Department of Labor Statistics and Research, or, if an insured employer, with the insurer, on a form prescribed for that purpose by the Division of Labor Statistics and Research