Reporting Requirements for COVID-19 Positive Cases
Governor Newsom signed an Executive Order which became effective September 17th, 2020. This new law, enacted as part of SB 1159, applies to employers with five (5) or more employees (note: there are different requirements for first responders and health care professionals). Section 3212.88 of the law established a reporting requirement, which requires employers to report to their workers’ compensation carriers all instances when they learn that an employee tests positive for COVID-19. This reporting is required regardless of where the employee contracted COVID-19.
When any employee tests positive for COVID-19 on or after September 17, employers must report the following information to their workers’ compensation claims administrator via email or fax within three (3) business days of learning of the positive test result:
An employee has tested positive. (Note that the employer should not identify the employee who tested positive for COVID-19, unless the employee claims they contracted the disease while at work, or they have submitted a workers' compensation claim form);
The date that the employee tested positive (note that this is the date the specimen was collected for testing, not the date the results were received);
The specific address or addresses of where the employee worked during the 14-day period immediately preceding the date of their positive test; and
The highest number of employees who reported to work at the employee’s specific work location(s) in the 45-day period preceding the last day the employee worked at each specific work location.
For employees who tested positive between July 6, 2020 and September 16, 2020, employers have until October 17, 2020 to report the above information to their carrier.
Employers may be subject to civil penalties of up to $10,000 for intentionally submitting false or misleading information, or for failing to report required information.
These reporting requirements are in addition to the requirements to report positive COVID-19 test results to public health agencies and to Cal/OSHA.
If you need help navigating these new requirements, set aside time for us to connect here.