§ 14300.46. Definitions.

The Act. The Act means the federal Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). The definitions contained in Section 3 of the Act (29 U.S.C. 652) and related interpretations apply to such terms when used in this article.

Authorized representative. See subsection 14300.35(b)(2)(A).

BLS. The Bureau of Labor Statistics in the U. S. Department of Labor.

Cal/OSHA. The California Occupational Safety and Health Program within the California Department of Industrial Relations.

Cal/OSHA Form 300 means the Cal/OSHA Form 300 Log of Work-Related Injuries and Illnesses (Rev. 7/2007)

Cal/OSHA Form 300A means the Cal/OSHA Form 300A Annual Summary of Work-Related Injuries and Illnesses (Rev. 7/2007)

Company. A public or private employer.

Covered employees. See Section 14300.31.

Equivalent form. See subsection 14300.29(b)(4).

Establishment. An establishment is a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities.

(A) Can one business location include two or more establishments? Normally, one business location has only one establishment. Under limited conditions, the employer may consider two or more separate establishments that share a single location to be separate establishments. An employer may divide one location into two or more establishments only when:

1. Each of the establishments represents a distinctly separate business;

2. Each establishment is engaged in a different economic activity;

3. No one industry description in the Standard Industrial Classification Manual (1987) applies to the joint activities of the establishments; and

4. Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumberyard, the employer may consider each business to be a separate establishment.

(B) Can an establishment include more than one physical location?

Yes, but only under certain conditions. An employer may combine two or more physical locations into a single establishment only when:

1. The employer operates the locations as a single business operation under common management;

2. The locations are all located in close proximity to each other; and

3. The employer keeps one set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.

(C) If an employee telecommutes from home, is his or her home considered a separate establishment?

No. For employees who telecommute from home, the employee's home is not an establishment and a separate Cal/OSHA Form 300 is not required. Employees who telecommute must be linked to one of your establishments under Section 14300.30(b)(3).

Fatality. Any occupational injury or illness which results in death, regardless of the time between injury and death, or the length of the illness.

First aid. See subsection 14300.7(b)(5)(B).

General recording criteria. See Section 14300.7.

Injury or illness. An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning. (Note: Injuries and illnesses are recordable only if they are new, work-related cases that meet one or more of recording criteria provisions in this article.)

Job transfer. See subsection 14300.7(b)(4).

Medical treatment. See subsection 14300.7(b)(5)(A).

New case. See Section 14300.6.

OSHA. The Occupational Safety and Health Administration in the U. S. Department of Labor.

Personal representative. See subsection 14300.35(b)(2)(B).

Physician or other licensed health care professional. A physician or other licensed health care professional is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently perform, or be delegated the responsibility to perform, the activities described by this regulation.

Pre-existing condition. See subsection 14300.5(b)(5).

Privacy concern case. See subsection 14300.29(b)(6.

Recordable. An injury or illness is “recordable” for the purposes of this article if it satisfies the conditions requiring recording found in subsection (a) of Section 14300.4.

Routine functions. See subsection 14300.7(b)(4)(B).

Restricted work. See subsection 14300.7(b)(4)(A).

Significant injury or illness. See subsection 14300.7(b)(7).

Work environment. See subsection 14300.5(b)(1).

You. “You” means an employer as defined by Sections 3300 and 3301 of the Labor Code.

HISTORY

1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).

2. Change without regulatory effect adding definitions of “Cal/OSHA Form 300” and “Cal/OSHA Form 300A,” filed 8-22-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 34).

Note

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.