Do I Have to Report This to Cal/OSHA? Serious Injury Reporting in California
Yes. If an employee died, was admitted to a hospital as an inpatient for treatment, lost an eye, suffered an amputation or a serious degree of permanent disfigurement, or was diagnosed with silicosis, you must report it to Cal/OSHA within 8 hours of when you knew or with diligent inquiry would have known. The report goes by telephone to the nearest Cal/OSHA district office, or by email if you cannot call, and it is separate from anything you send your insurance carrier.
Had a serious injury today? Call 949-954-6581. Make the Cal/OSHA report first, using the district office lookup on Cal/OSHA's Report a Work-Related Accident page, then read the rest of this page.
The 8 hour rule, in the regulation's own words
Title 8, section 342(a) requires every employer to report immediately any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment. The regulation then defines "immediately" as "as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness." (8 CCR 342)
The clock starts on knowledge or diligent inquiry, not formal notice; a superintendent who does not ask is not buying time. The regulation allows up to 24 hours only "if the employer can demonstrate that exigent circumstances exist." That is a showing you make, not a default.
Section 336(a)(6) sets a minimum penalty of $5,000 for failing to timely report, on top of whatever the accident itself produces. (8 CCR 336) The wider penalty schedule is covered in our guide to Cal/OSHA penalties in 2026.
California versus federal OSHA
Federal OSHA gives 24 hours for a hospitalization, amputation, or loss of an eye. California gives 8. A federal checklist makes you late.
| Event | California (Cal/OSHA) | Federal OSHA |
|---|---|---|
| Employee death | 8 hours | 8 hours |
| Inpatient hospitalization | 8 hours, any length of stay, other than for medical observation or diagnostic testing | 24 hours |
| Amputation | 8 hours | 24 hours |
| Loss of an eye | 8 hours | 24 hours |
| Serious degree of permanent disfigurement | 8 hours | Not a listed reporting event |
| When the clock starts | When the employer knows or with diligent inquiry would have known | After the event, or after you or your agent learn of it |
| How to report | Telephone to the nearest district office, or email until Cal/OSHA opens its online system | Nearest OSHA Area Office, 1-800-321-OSHA (1-800-321-6742), or online at osha.gov |
| Extension | Up to 24 hours only if you can demonstrate exigent circumstances | None stated |
Sources: 8 CCR 342, 8 CCR 330(h), and 29 CFR 1904.39. The federal rule only covers a death within 30 days of the incident, or a hospitalization, amputation, or eye loss within 24 hours of it. Do not import those windows into California; if an employee is admitted days later, treat it as reportable and get advice that day.
Cal/OSHA says it lacks jurisdiction in only a few limited areas, such as private employers on military installations, national parks, and tribal lands, and most maritime work. (Cal/OSHA Jurisdiction) For an ordinary California construction site, plan on the California rule. See our state plans page.
Is this reportable? A four question check
1. Did an employee die as a result of the incident?
Yes: Report to Cal/OSHA within 8 hours. Call the nearest district office now, then call your carrier and counsel.
No. 2. Was the employee admitted to a hospital as an inpatient, for anything other than medical observation or diagnostic testing?
Yes: Report to Cal/OSHA within 8 hours, whatever the length of stay. If you cannot tell observation from treatment, report.
No. 3. Did the employee suffer an amputation, the loss of an eye, or a serious degree of permanent disfigurement?
Yes: Report to Cal/OSHA within 8 hours, even if the employee was treated and released the same day.
No. 4. Has the employee been diagnosed with silicosis?
Yes: Report to Cal/OSHA within 8 hours of learning of the diagnosis.
No: No section 342 report. You still owe a claim form within one working day, a Form 5020 to your carrier within five days if there was lost time or treatment beyond first aid, and a log entry if the case is recordable. See our first 24 hours checklist.
What counts as a serious injury or illness now
Title 8, section 330(h) defines a serious injury or illness as one occurring in a place of employment or in connection with any employment "that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement." It excludes an accident on a public street or highway "unless the accident occurred in a construction zone." (8 CCR 330)
What changed on January 1, 2020
AB 1805 changed the definition and AB 1804 the reporting methods. Cal/OSHA's serious injury FAQ lists the effects:
- Inpatient hospitalization counts regardless of length of time, other than for medical observation or diagnostic testing.
- Amputation and loss of an eye are named triggers.
- Accidents in a construction zone on a public street or highway are now included, which matters most for road and utility contractors.
- Injuries caused by the commission of a Penal Code violation are no longer excluded.
- Reports go by telephone or through an online mechanism Cal/OSHA will establish. Until it exists, telephone or email.
Silicosis
Senate Bill 20, signed in October 2025, classifies silicosis as a serious illness, according to the Department of Industrial Relations. Stone fabricators should treat a diagnosis as an 8 hour report.
The regulation does not draw the line between diagnostic testing and treatment. When you cannot tell, report. An unnecessary report costs a phone call; a missed one starts at $5,000.
What to have ready when you call
Section 342(c) asks for, if available: time and date; employer name, address, and phone; the reporting person's name and title; the site address and a site contact; the injured employee's name and address; the nature of the injury; where the employee was taken; other agencies present; and a description of the accident and whether the scene or equipment was altered. Log the time you called and who you reached. Cal/OSHA routes calls by district office, so use its lookup rather than a number copied into a plan years ago. Our county pages explain which district office covers Los Angeles, Orange and San Diego counties, but for the report itself, use Cal/OSHA's lookup.
Reporting is not recording
Reporting is a call to the State within 8 hours. Recording is an entry on your Cal/OSHA Form 300. The recording test in 8 CCR 14300.7 is broader: death, days away, restricted work or transfer, medical treatment beyond first aid, loss of consciousness, or a significant diagnosed injury or illness. Almost every reportable case is recordable; most recordable cases are not reportable.
Once the report is made, an inspection usually follows. Our post-accident investigation guide covers what comes next, and the document request guide covers the records Cal/OSHA will ask for.
Want help with the report, or with what comes after it?
Section 342 was the fourth most cited Cal/OSHA standard in 2025, behind the IIPP, outdoor heat and the construction IIPP rules, per Cal/OSHA's most cited list. We help Southern California employers through the call, the inspection that usually follows and the documents Cal/OSHA asks for, and we write the reporting procedure into your Injury and Illness Prevention Program so the next person on shift knows what to do. If nobody at your company owns this job, that is what our Fractional EHS retainer is for.
Common questions
Do I have to report to Cal/OSHA if the worker was only kept a few hours?
Yes, if the worker was admitted as an inpatient for treatment. Since January 1, 2020, inpatient hospitalization counts regardless of length of time. Only admission for medical observation or diagnostic testing is excluded.
Is an emergency room visit an inpatient hospitalization?
California's regulation does not define the term. Federal OSHA's definition, a formal admission to the in-patient service of a hospital or clinic for care or treatment, is a sensible working test, and treat and release does not meet it. The visit is still reportable if it involved an amputation, loss of an eye, or serious permanent disfigurement.
Does reporting to my insurance carrier count as reporting to Cal/OSHA?
No. They are separate duties. Cal/OSHA must hear from you directly within 8 hours.
Can I report a serious injury to Cal/OSHA online?
Not yet. The regulation allows an online mechanism once Cal/OSHA creates one. Until then, report by telephone to the nearest district office, or by email if you cannot call.
What happens if I report late?
Title 8, section 336(a)(6) sets a minimum penalty of $5,000. A late or missing report can also extend how long Cal/OSHA has to issue citations.
Who should make the call?
Anyone the employer authorizes can make the report. Name that person and a weekend backup in your emergency plan.
Working through a reportable injury now? Book a call or see our services.
M Squared Safety Solutions, Inc., 981 Calle Negocio Suite 200, San Clemente, CA 92673, 949-954-6581. This page describes what the regulations and statutes say as of September 2026. It is not legal advice; for decisions about a specific employee or citation, involve employment or OSHA defense counsel.