COVID-19 Reporting: Starting on January 1, 2021 are new COVID-19 reporting and notice requirements. Under California’s Assembly Bill 685, an employer must do the following upon receiving notice of potential COVID-19 exposure in the workplace:
• Provide written notice to employees and the employers of any subcontractors who were at the same worksite as the impacted employee;
• Provide a written notice to the representative of the employees, if there is one, such as a union, including the same information that must be provided on a Cal/OSHA Form 300 injury and illness log;
• Provide exposed employees, and their representative if there is one, with information regarding COVID-19 related benefits under federal, state, and local laws; and,
• Notify employees of the disinfection and safety plan that is implemented.
California Expansion of Families First Coronavirus Response Act: On September 9, 2020, AB 1867 took effect and expanded certain rights granted to employees by FFCRA. Pursuant to AB 1867, California employers must provide paid sick leave under certain circumstances when employees are: (1) subject to a federal, state, or local quarantine or isolation order related to COVID-19; (2) advised by a healthcare provider to self-quarantine; and/or, (3) prohibited from working by the employer due to COVID-19 health concerns. Where FFCRA exempted employers of first responders, health care workers, and employers with over 500 employees from its paid sick leave requirements, AB 1867 closes these gaps and requires those same employers to provide paid sick leave. Unlike FFCRA, AB 1867 does not require an employer to provide leave for the purposes of caring for another individual. AB 1867 also requires an employer to:
• Provide a notice to employees of their rights under AB 1867;
• Report available leave on an employee’s itemized wage statement or separate writing provided each payday; and,
• Retain records documenting hours worked, leave provided, and leave used by an employee for at least three years.
COVID-19 and Workers’ Compensation: California’s SB 1159, which became effective September 17, 2020, partially extends and modifies Governor Gavin Newsom’s Executive Order, which created a presumption that an employee who worked outside the home and contracted COVID-19, contracted it at work. Under SB 1159, if an employee becomes infected with COVID-19 after July 6, 2020, employers must report the COVID-19 positive employee to their workers’ compensation carrier within three days of learning of the infection. In addition to this notice requirement, SB 1159 extends the presumption of compensable injury to first responders and health care professionals, and to any employee who tests positive during an outbreak at the workplace.
Questions regarding application of these new laws related to COVID-19 should be directed to your legal counsel. No doubt there will be more to follow.
