Legislative Update: COVID-19 Laws

Employers have new COVID-19 responsibilities under four new laws in California. Specifically, these new laws cover notifying employees of potential COVID-19 exposures, reporting of positive test results, personal protective equipment for healthcare workers, and training for agricultural employees. Two are in effect now, while the other two take effect on January 1, 2021.

Written notice requirement

Assembly Bill 685 (AB 685) requires you to provide your employees and union representatives with written notification of a potential COVID-19 exposure within one business day of learning about that potential exposure. You must also notify employers of subcontractors who were at the worksite at the time of the potential exposure, within the same one-day time period.

Written notification may be via email, text message, hand-delivered note, or letter. In addition:

The notice must be written in both English and the language understood by the majority of your employees.
The notice must also let your employees know about your workplace’s prevention program and disinfection protocols.

It should be noted that the statute uses some specific definitions that govern when notice must be provided. You should review them carefully when determining when to notify employees.

AB 685 gives Cal/OSHA the authority to shut down parts of a business or the entire operation if it determines an imminent hazard exists at that workplace due to COVID-19 exposure. This law takes effect January 1.

KNOW YOUR COVID REPORTING REQUIREMENTS

Senate Bill 1159 (SB 1159) requires you to report to your claims administrator, any instance where an employee tests positive for COVID-19. See our SB 1159 resource page for more information.

New COVID-19 laws for healthcare and agriculture

If you’re in either of these industries, you have some additional requirements:

Effective, January 1, 2021, AB 2537 will require acute-care hospitals to give their employees that work directly with patient and personal care the appropriate personal protective equipment (PPE). Beginning in April 2021, employers will be required to maintain a three-month PPE stockpile.
AB 2043 took effect September 17, 2020. The purpose of AB 2043 is to train both farm employers and employees on COVID-19 prevention and the dangers of the virus. The bill requires Cal/OSHA to work with community organizations, unions, and employers to distribute information on COVID-19 prevention as well as benefits employees are entitled to, including paid sick leave. The information must be in both English and Spanish. AB 2043 will remain in effect until the COVID-19 State of Emergency ends.

Review each law that affects your business and how they help you keep your employees safe on the job. For additional information on how to protect your workers during the COVID-19 pandemic, see our COVID-19 Resources.