New California Laws SB 1159 and AB 685 Protect Workers with Covid-19

As part of a new “worker protection package,” two new California bills were recently signed in an effort to protect workers and their employers from Covid-19 outbreaks. Senate Bill (SB) 1159 is intended to provide workers’ compensation to employees who test positive for the virus, and Assembly Bill (AB) 685 ensures that public health officials receive timely notification of a Covid-19 outbreak in the workplace.

Impact of SB 1159

Effective immediately, SB 1159 ensures that first responders, health care workers and anyone testing positive due to a defined outbreak of Covid-19 at work will qualify for workers’ compensation and be eligible for appropriate medical care. Specifically, the bill requires that:

• Employees testing positive for the virus must have contracted the virus because of their exposure to an outbreak in the workplace.
• An outbreak is defined as four or more employees testing positive (in a small workplace with fewer than 100 employees) or 4% of employees testing positive (in a larger workplace with 100 or more employees in a single location).
• Starting now, all positive tests must be reported within three days to the claims administrators – or the organization can be fined up to $10,000. The report should include the date the test was taken, the workplace address of the employee, and the highest number of people working at that location.

If all the conditions are met, the employee who contracts Covid-19 will qualify for workers’ compensation.

Impact of AB 685

Although it doesn’t go into effect until January 2021, AB 685 is an important piece of related legislation. It requires organizations to notify any exposed employees and appropriate public health officials of any Covid-19 cases in the workplace. Some important requirements include:

• When just one positive case of Covid-19 is confirmed, organizations must provide notice to exposed employees and public health officials within one business day.
• In addition, they should provide notice to employee representatives, such as unions or lawyers.
• As part of that notice, organizations must share their disinfection and safety plan to eliminate further exposures.

The AB 685 law is designed to ensure that exposed employees can take appropriate steps, including seeking medical attention, testing or even quarantine.

Get the latest information, guidance and resources on Coronavirus (COVID-19) to help you protect what matters most on our Coronavirus Resource Center.