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News & Press: COVID-19 Updates

Avoid Confusion in COVID-19 Reporting

Thursday, October 8, 2020   (0 Comments)
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Avoid Confusion in COVID-19 Reporting

There is a lot of conflicting information out regarding when, where, and how employers are required to report COVID-19 cases. Following is the current information, which will be changing as noted over the next few months.
  1. Employers in California are required by the California Department of Public Health to report an outbreak to their local health department. An outbreak is 3 or more employees who have tested positive within a 14 day period. Local city and county health departments may have their own reporting requirements. You can read a copy of the state guidelines by clicking here
  2. Employers who have 5 or more employees are required by SB 1159 to report any employee who tests positive, within 3 business days, to their workers' compensation claims adjustment firm or insurer. You cannot identify the employee unless they are also filing a WC claim. This report is solely for the claims administrator to determine if there is a rebuttable presumption due to an outbreak of 4 or more employees within 14 days, at a particular jobsite. The number is 4% if there are more than 100 employees. You can click here for the CALPASC alert on SB 1159. Important note: the state has allowed the retroactive reporting deadline for those employees who tested positive between July 6, 2020; and September 17, 2020; to be extended to October 29, 2020.
  3. AB 685 is a COVID-19 reporting law, but it does not take effect until January 1, 2021. CALPASC will be reviewing this bill and others at the October 27, 2020 new laws webinar.  
  4. The Cal/OSHA Standards Board has voted to have staff prepare an emergency regulation on COVID-19, to be voted on at its November 19, 2020 meeting. That regulation may have yet another reporting notice. We will keep you alerted as to the outcome of that proposed regulation.

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