#3 – Reporting Serious Injuries or Fatalities: The Clock Starts Immediately

No employer wants to experience a serious workplace injury or fatality. Unfortunately, accidents can happen—even in organizations with strong safety programs. When they do, one of the first compliance obligations is notifying Cal/OSHA.

Failure to report a qualifying incident is consistently among Cal/OSHA’s most frequently cited violations and is also one of the easiest to avoid. Knowing when to report, what qualifies as a reportable incident, and who to call can save your business significant penalties while ensuring you meet your legal responsibilities.

What Does the Regulation Require?

California Code of Regulations, Title 8, Section 342 requires employers to immediately report to Cal/OSHA any work-connected:

• Fatality
• Serious injury
• Serious illness

A reportable incident is one that occurs in the workplace or in connection with employment and meets Cal/OSHA’s definition of a serious injury or illness. (Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.)

“Serious injury or illness” means any injury or illness … 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, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.

How Much Time Do Employers Have?

The regulation requires employers to report the incident immediately, which Cal/OSHA defines as, as soon as practically possible, but no later than eight (8) hours after the employer knows—or, with diligent inquiry, would have known—of the fatality or serious injury or illness.

The report may be made by telephone or through Cal/OSHA’s designated online reporting system. https://www.dir.ca.gov/dosh/report-accident-or-injury.html

One of the biggest mistakes employers make is waiting until they have all the facts before making the report. Don’t wait. If the incident appears to meet the reporting requirements, make the report first. Additional details can be provided as they become available.

What Happens If You Don’t Report?

Failing to timely report a serious injury, illness, or fatality carries significant consequences.

Cal/OSHA regulations require a minimum civil penalty of $5,000 for failure to timely report a qualifying incident. That penalty is separate from any citations or penalties that may result from the incident itself.

In other words, an employer could face:

• Citations related to the underlying workplace hazard, and
• An additional citation for failing to report the incident within the required timeframe.

Prompt reporting not only keeps your business in compliance but also demonstrates cooperation with regulatory authorities during what is often a stressful situation.

A sobering reminder can be found in each issue of the Cal/OSHA Reporter. The Workplace Fatality Update, featured on page 7 of the July 24, 2026, edition, illustrates that agriculture continues to rank among the industries experiencing workplace fatalities across California.

The report highlights incidents involving tractor rollovers, vehicle crashes, struck-by events, falls, and other tragedies that serve as powerful reminders that every safety program, every training session, and every timely decision matters. While these incidents cannot be undone, we can learn from them. Taking a few minutes to review these real-world events with your supervisors and employees may help prevent the next tragedy.

Have a Plan Before an Emergency Happens

During an emergency, emotions run high and decisions must be made quickly. That’s why every employer should have a written procedure identifying:

• Who will contact emergency medical services.
• Who will notify management.
• Who is responsible for contacting Cal/OSHA.
• Where important emergency contact information is located.

Knowing these responsibilities ahead of time can prevent costly delays.

FELS Is Here to Help

When a serious incident occurs, you don’t have to navigate the situation alone.

One of the benefits of FELS membership is access to experienced professionals through our member hotline. When you call FELS, you’ll speak with a real person—not an AI chatbot—who understands California agricultural employment and safety requirements and can provide practical, real-time guidance.

If your question requires legal interpretation, FELS members also have access to their one-hour attorney consultation benefit, allowing you to receive legal guidance when it matters most.

No one plans for a workplace emergency, but having trusted resources available can make a difficult situation more manageable while helping your operation remain compliant.

FELS Compliance Check

Before your next safety meeting, ask yourself:

• If a serious injury occurred today, would everyone know who is responsible for reporting it to Cal/OSHA?
• Do your supervisors understand what constitutes a reportable serious injury or illness?
• Do you have FELS’ member hotline information readily available if you need immediate compliance assistance?

PS: The FELS number is: 1-800-753-9073