California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 7 - Department of Industrial Relations
Subchapter 1 - Occupational Injury or Illness Reports and Records
Article 2 - Employer Records of Occupational Injury or Illness
Section 14300.40 - Providing Records to Government Representatives

Universal Citation: 8 CA Code of Regs 14300.40

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Basic requirement. When an authorized government representative asks for the records you keep under the provisions of this article, you must provide within four (4) business hours, access to the original recordkeeping documents requested as well as, if requested, one set of copies free of charge.

EXCEPTION: If your establishment is in SIC Code 781, you must make a reasonable effort to comply as required by this section within 4 business hours of receiving the request. If it is not possible to comply with that deadline with reasonable effort, you must comply no later than by the end of the next business day.

(b) Implementation.

(1) What government representatives have the right to get copies of the records I keep as required by Article 2?

The government representatives authorized to receive the records are:

(A) A representative of the Chief of the Division of Occupational Safety and Health, or of the Director of the Department of Health Services;

(B) A representative of the Secretary of the U.S. Department of Labor conducting an inspection or investigation under the Act; and

(C) A representative of the Secretary of the U.S. Department of Health and Human Services (including the National Institute for Occupational Safety and Health - NIOSH) conducting an investigation under Section 20(b) of the Act;

(2) Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone?

Your response will be considered to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline.

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

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

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