Do I have to report an employee died of a heart attack while at work to Cal/OSHA?

Yes, nonwork-related deaths or serious injuries must be reported to the California Division of Occupational Safety and Health (Cal/OSHA) within eight hours.

Two notification processes are involved when a fatality or serious injury occurs. Typically, the employer contacts an emergency response entity to render aid to the injured party. This can be the state, county, local fire department or police agency. This results in what could be the first notification.

Section 342 (b) of Title 8 requires that: “Whenever a state, county, or local fire department or police agency is called to an accident involving an employee covered by this part in which a serious injury, or illness, or death occurs, the nearest office of the Division of Occupational Safety and Health shall be notified by telephone immediately by the responding agency.”

The second notification — and by far the most important to the employer — is the employer contacting Cal/OSHA within eight hours of the incident. The first responders have notified Cal/OSHA about the time and location of the incident and the particulars regarding injuries to the victim so Cal/OSHA is waiting for the employer’s notification.

If not received within the eight-hour time frame, the wheels are set in motion for the issuance of a citation and subsequent penalties.

The employer may encounter circumstances that could delay notification to Cal/OSHA. Due to the federal Health Insurance Portability and Accountability Act (HIPAA) and medical privacy laws, hospitals will not give out patient information casually to anyone who requests it, including employers. As a result, the employer must search for someone — such as a relative, representative or the like — who can give the employer information about the condition of the employee/victim. The employer is trying to get information so they can give Cal/OSHA a relatively accurate description and prognosis of the victim and accident.

Cal/OSHA regulations allow for a potential extension of the 8-hour notification time to 24 hours. The regulation states: “If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.”

It’s not clear what constitutes “exigent circumstances.” Exigent isn’t defined in the regulation, nor are there any court cases or Occupational Safety and Health Appeals Board decisions analyzing the meaning of that term in this context.

The importance of the notification requirement cannot be understated. An employer put into the position of having to notify Cal/OSHA of an incident that meets the designated criteria of Section 342 (a) should document what is obvious at the incident site as soon as possible and notify Cal/OSHA within eight hours.

If different or additional and relevant evidence is found subsequent to further investigation, and Cal/OSHA has yet to make an inspection, Cal/OSHA can be notified if necessary.

Cal/OSHA’s reporting requirement is more stringent than the federal requirement — the federal Occupational Safety and Health Administration (OSHA) requires reporting for work-caused injury or death only. Further, work-related serious injuries, amputations, serious illnesses, inpatient hospitalization or loss of an eye are to be reported within 24 hours, not the eight required by Cal/OSHA.

Read more about Reporting Serious Injury or Death in the HR Library.