There are two new laws regarding COVID-19 for employers in San Diego and across the State of California. A recent bill, SB1159 expands the presumption of workers compensation liability for COVID-19 illness claims in San Diego. The bill was passed in September of 2020 and signed into law by Governor Gavin Newsom on September 17, 2020.
This new law creates a “disputable presumption” for any San Diego or California employee who suffers an illness or loses their life due to COVID-19 during the period of July 6, 2020 to January 1, 2023. The new law creates a presumption that an illness or death due to COVID-19 has arisen out of and in the course of the scope of employment.
San Diego employers must work quickly to rebut the presumption of workers compensation liability for COVID-19 illness claims in San Diego. The employer’s claim administrator has only 45 days (since July 6, 2020) to deny the claim or else the cause of COVID-19 will be presumed to be compensable as a valid workers compensation claim.
New laws regarding COVID-19 for employers in San Diego and the State of California also include AB685, which went into effect on January 1, 2021. AB685 places requirements on San Diego employers and those across the State of California to notify their employees and report to local health officials any employees how may have been exposed to COVID-19 in the workplace.
OSHA will have the authority to close workplaces and facilities it deems to be an “imminent hazard” of COVID-19 infection for those who are employed in that facility. OSHA now also has the authority to issue a “Serious Violation Citation” without providing notice to the employer and providing an opportunity for them to respond to OSHA’s determination(s).
Effective January 1, 2021, new laws regarding COVID-19 for employers in San Diego and across the State of California with the exception of health facilities must take the steps outlined below within one business day of receipt of notice that its workforce was exposed to an individual who either tested positive for COVID-19, was diagnosed with COVID-19 by a licensed healthcare provider, was ordered by a public health official to isolate due to COVID-19, or was determined by the county public health department to have died due to COVID-19. Notice of potential exposure may come to an employer from the employee, the employee’s representative, the employee’s emergency contact, the testing protocol, or the employer of a subcontracted employee that was on the worksite. When notice is received, an employer must:
- Determine which employees, including subcontracted employees, were at the worksite at the same time as the individual during his or her “infectious period,” which the California State Department has determined includes “at minimum, the 48 hours before the individual developed symptoms.” The “worksite” is limited to the same building or location where the individual was physically present. It does not extend to areas which the individual did not enter.
- Provide written notice to the potentially exposed employees, their exclusive representative (if any), and the employers of any exposed subcontracted employees that includes the following:
- That they may have been exposed to COVID-19;
- What COVID-19 related benefits are available to them under law;
- Anti-retaliation and anti-discrimination protections; and
- The employer’s disinfection and safety plan (per the guidelines of the federal Centers for Disease Control).
The notice can be provided in any manner that is likely to be received (e.g. personal service, email, or text message) and that is typically used for communicating with the employee. It must be in English as well as the language understood by the majority of the employees. An employer must retain a record of the written notice for at least three years.
- Provide written notice to the exclusive representative (if any) of all employees within item 1, that contains the same information that would be required for an incident report within a Cal/OSHA Form 300 Injury and Illness Log (unless inapplicable or unknown), even if the organization is not required to maintain such a log. An employer must retain a record of the written notice for at least three years.
Employers may be subject to citations and/or penalties for failure to comply with these requirements.
These new laws regarding COVID-19 for employers in San Diego and across the State of California add additional legal and regulatory burdens. It important to make sure your workplace meets all laws, regulations and ordinances if you are an employer.
The Watkins Firm provides sound general business counsel to San Diego and Southern California employers to help them to fulfill their legal responsibilities. Ask about our “Employee Handbook Package” or about our work to review and update your policies and procedures.
We work with California and San Diego employers to help them comply with all laws, regulations and ordinances to avoid PAGA actions, unpaid overtime lawsuits and other employee related litigation.
If you are a San Diego area employer it is important to understand and comply with the new minimum wage rates for 2021. We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
