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Quick Links
 * What Employers Need to Know About COVID-19 Reporting (SB 1159)
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WHAT EMPLOYERS NEED TO KNOW ABOUT COVID-19 REPORTING

Governor Newsom signed SB 1159 on September 17, 2020 that created new laws,
which impact California employers who have employees who test positive for
COVID-19 and will remain in effect through January 1, 2023.

One of these, Labor Code Section 3212.88 applies to California employers who
have 5 or more employees. The new law says that if a COVID-19 outbreak occurs at
a place of employment it is assumed employees who test positive for COIVD-19
contracted it at work.

This law creates new reporting obligations for employers.  Employers are now
required to report to their claims administrator via email or fax, when the
employer is aware that an employee tested positive for COVID-19.  The report
must be made within 3 business days.

Download COVID-19 Positive Test Report form that includes all the reporting
requirements.

Download Form


EMPLOYERS ARE REQUIRED TO REPORT:

 1. Notice that an employee has tested positive. Do not include any Personal
    Identifiable Information (such as SSN, DOB, etc.).
 2. The date the specimen was collected for the positive test.
 3. Positive PCR COVID-19 test or other FDA approved viral test. Serologic
    (antibody) testing is not a viable test.
 4. All locations where employee worked at your direction during the 14-day
    period prior to the positive test result.
 5. The highest number of employees who worked at the employee’s specific work
    location(s) in the 45-day period preceding the last day that the employee
    worked there.

Failure to submit this information, or providing false or misleading information
can result in an employer being assessed with a $10,000 civil penalty and/or a
citation by the California Labor Commissioner.

 

An outbreak occurs if, within a 14-day calendar period, one of the following
happens:

 * Employers with 100 employees or less at a specific work location and 4 or
   more employees test positive at that specific location; or
 * Employers with more than 100 employees at a specific work location and at
   least 4% of employees test positive at that specific location; or
 * A specific place of business is closed by local public health department,
   State Department of Public Health or school superintendent due to risk of
   infection with COVID-19.

A “specific work location” means the building, store, facility or agricultural
field where the employee worked at your direction.  Many workers may transition
between multiple places of employment during their shift. So tracking the
locations that they are required to work at is essential.

In addition, the employee must:

 * Have worked on or after 7/6/2020; and
 * Have worked outside their home or residence at the employer’s direction; or
   worked to provide home health care services to another individual at their
   home or residence; and
 * Have a positive PCR COVID-19 test or other FDA approved viral test (does not
   include serologic (antibody) test) within 14 days after performing the labor
   or services; and
 * The positive COVID-19 test must have occurred during a period of outbreak at
   the employee’s specific place of employment.

Claims administrators are tasked with using the reported information to
calculate whether an outbreak has occurred.  So providing timely, detailed
reporting is critical.  

Additionally, if a claim becomes accepted under this section an employee is
required to exhaust any paid sick leave benefits specifically available in
response to COVID-19 before temporary disability benefits may be paid.

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