b'COVID-19 in the Workplace continued from page 7(3) The specific address or addressesplace of employment at the employersWhat is an Outbreak?of the employees specific place ofdirection.employment during the 14-day periodAn outbreak exists if within 14 days one of preceding the date of the employees(2) The day on which the employeethe following occurs at a specific place of positive test. performed the work was on or afteremployment:July 6, 2020.The date of injury is the (4) The highest number of employees wholast date the employee performed the(1) four employees test positive if the reported to work at the employeeswork prior to the positive test. employer has 100 employees or fewer;specific place of employment in the 45-day period preceding the last day(3) The employees positive test occurred(2) fourpercentofthenumberof the employee worked at each specificduring a period of an outbreak atemployees who reported to the specific place of employment. the employees specific place ofplace of employment test positive employment. if the employer has more than 100 Notably, any employer who is aware of anemployees; oremployee testing positive on or after JulyThe law clarifies that an employees 6, 2020, and prior to the effective datespecific place of employment excludes(3) a specific place of employment is of SB 1159 must report to their claimsthe employees home or residence, unlessordered to close by a local public health administrator, in writing via electronicthe employee provides home healthdepartment, the State Department mail or fax, within 30 business days ofcare services to another individual at theof Public Health, the Division of the effective date of this new law, allemployees home or residence.Occupational Safety and Health, or a of the data required above.For the dataschool superintendent due to a risk of required by paragraph (4) above, theIf an employee has paid sick leave benefitsinfection of COVID-19.employer must instead report the highestspecifically available in response to number of employees who reported toCOVID-19, those benefits must be used andHow Can Employers work at each of the employees specificexhausted before any temporary disabilityRebut the Presumption?places of employment on any given workbenefits.If an employee does not have day between July 6, 2020, and the effectivethose sick leave benefits, the employeeEmployers may controvert the presumption date of the new law.must be provided temporary disabilitywith evidence, which may include, but is benefits, if applicable, from the date of An employer or other person acting ondisability without any waiting period. continued on page 9behalf of an employer who intentionally submits false or misleading information or fails to submit information when reporting pursuant to the provisions above is subject to a civil penalty in the amount of up to ten thousand dollars ($10,000) to be assessed by the Labor Commissioner.Presumption COVID-19 Was Contracted at Work is ExpandedThe new presumption exists for employees who suffer illness or death resulting from COVID-19, subject to certain conditions, on or after July 6, 2020 through January 1, 2023. The presumption applies to employers with five or more employees whose employees test positive during an outbreak at the employees specific place of employment if all of the following occur:(1) The employee tests positive for COVID-19 within 14 days after a day that the employee worked at the employees Page 8Fall 2020Points of Interest'