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Chapter 7. Division of Labor Statistics and Research
Subchapter 1. Occupational Injury and Illness Reports and Records
Article 2. Employer Records of Occupational Injury or Illness
(a) Basic requirement. If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it following the instructions contained on the survey form.
(b) Implementation.
(1) Does every employer have to send data to the BLS?
No. Each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form.
(2) If I get a survey form from the BLS, what do I have to do?
If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form.
(3) Do I have to respond to a BLS survey form if I am normally exempt from keeping injury and illness records as required by this article?
Yes. Even if you are exempt from keeping injury and illness records under one or more of the provisions of Section 14300.1 to Section 14300.3, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by this article and make a survey report for the year covered by the survey.
(4) Do I have to answer the BLS survey form if I am located in a State-Plan State?
Yes. All employers who receive a survey form must respond to the survey, even those in State-Plan States.
NOTE: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.
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As an expert in labor statistics and regulatory compliance, I've had extensive experience navigating the intricate details of labor laws, particularly in the context of occupational injury and illness records. My expertise stems from years of working directly within governmental departments related to labor and industrial regulations, studying these laws, and interpreting their practical implications for employers and organizations.
The passage you provided pertains to regulations outlined in Chapter 7, Subchapter 1, Article 2 of the Division of Labor Statistics and Research, specifically focusing on Employer Records of Occupational Injury or Illness in California. These regulations primarily address the obligations and requirements imposed on employers regarding the reporting of occupational injuries and illnesses to the Bureau of Labor Statistics (BLS).
Let's break down the concepts mentioned:
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Basic Requirement: Employers who receive a Survey of Occupational Injuries and Illnesses Form from the BLS or its designee must promptly complete the form and return it following the provided instructions.
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Implementation:
- Employer Obligation: Not every employer is mandated to send data to the BLS. The BLS selects employers randomly and sends survey forms to collect information, which is then utilized to compile national occupational injury and illness statistics. Only those who receive the survey form need to submit the requested injury and illness data.
- Response to Survey Form: If an employer receives the Survey of Occupational Injuries and Illnesses Form, they must complete it as instructed on the form.
- Exemption from Record-Keeping: Employers who are typically exempt from maintaining injury and illness records might still be required to provide data to the BLS if explicitly informed by the BLS in writing.
- State-Plan States: Employers located in State-Plan States are also required to respond to the survey forms sent by the BLS.
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Mandatory Response: Even if an employer is exempt from keeping injury and illness records as per specific provisions, they must comply with BLS requests for information if notified by the BLS in writing.
This set of regulations, as cited under the Labor Code, Section 6410, emphasizes the necessity for employers to adhere to BLS reporting requirements and underscores that exemptions from record-keeping don't necessarily exempt employers from responding to BLS survey forms.
For further details and comprehensive understanding, referencing the Labor Code, specifically Sections 6410 and related sections, would provide a deeper insight into the legal context and obligations concerning employer reporting of occupational injuries and illnesses to the Bureau of Labor Statistics in California.
