b'COVID-19 in the Workplace continued from page 8not limited to, evidence of measures innot limited to, personal service, email,A qualifying individual means any place to reduce potential transmissionor text message if it can reasonablyperson who has any of the following: (1) a of COVID-19 in the employees placebe anticipated to be received by thelaboratory-confirmed case of COVID-19, as of employment and evidence of anemployee within one business day ofdefined by the State Department of Public employees nonoccupational risks ofsending and shall be in both EnglishHealth; (2) a positive COVID-19 diagnosis COVID-19 infection.However, subject toand the language understood by thefrom a licensed health care provider; (3) a limited exceptions, if liability for a claim ofmajority of the employees. COVID-19-related order to isolate provided a COVID-19-related illness is not rejectedby a public health official; or (4) died due to within 45 days after the date the claim(2)Provide a written notice to the exclusiveCOVID-19, in the determination of a county is filed, the illness shall be presumedrepresentative, if any, of employeespublic health department or per inclusion compensable.The criteria and timeunder paragraph (1). in the COVID-19 statistics of a county.periods for investigating and disputing the presumption are different for first(3) Provide all employees who may haveThis law is a good reminder to employers responders, health care workers and forbeen exposed and the exclusiveto review their written COVID-19 response injuries that occur before July 6, 2020.representative, if any, with informationand mitigation plans to ensure compliance Employers will need to review the criteriaregarding COVID-19-related benefits towith the new laws requirements. applicable to their workforce to ensurewhich the employee may be entitled compliance. under applicable federal, state, orForfurtherinformationregarding local laws, including, but not limited to,compliance with SB 1159 and AB 685, A.B. 685-Employers Must Provide Writtenworkers compensation, and options forthe employment attorneys at Ferruzzo Notice to Workers Who May Have Beenexposed employees, including COVID- & Ferruzzo, LLP are available to provide Exposed to COVID-19 19-related leave, company sick leave,guidance.state-mandated leave, supplemental Assembly Bill 685 expands Cal/OSHAssickleave,ornegotiatedleaveThis blog is not meant to provide specific authority for workplaces that pose a risk ofprovisions, as well as antiretaliationlegal advice.For advice specific to your an imminent hazard relating to COVID-19,and anti-discrimination protections ofbusiness, please contact any of the and requires employers to provide writtenthe employee. employment attorneys in our Employment notice to employees who may have beenPractices Group who are ready to assist exposed to COVID-19 and inform local(4) Notify all employees, and the employersyou.public health officials.The law takesof subcontracted employees and the effect on January 1, 2021.This article willexclusive representative, if any, on only address the new COVID-19 reportingthe disinfection and safety plan thatAlison C. Gibbs, Esq. is a Senior Associate aspects of the law. the employer plans to implement andof the firms Employment Practice Group. complete per the guidelines of theAlison represents employers in a wide-What are the Newfederal Centers for Disease Control. range of employment-related litigation, Reporting Obligations? including wage and hour defense, and If an employer or representative of thedefense of discrimination, harassment and If an employer or representative of theemployer is notified of the numberretaliation claims.Alison also regularly employer receives a notice of potentialof cases that meet the definition of aadvises employers before litigation ever exposure to COVID-19 as defined in the law,COVID-19 outbreak, as defined by the Stateoccurs, handling employment disputes the employer must take all of the followingDepartment of Public Health, within 48and managing day-to-day employee issues, actions within one business day of thehours, the employer shall notify the localincluding reviewing employee handbooks notice of potential exposure:public health agency in the jurisdictionpolicies, wage and hour compliance, leave of the worksite of the names, number,issues, internal investigations, lay-offs, (1)Provide a written notice to all employees,occupation, and worksite of employeesdisciplinary action, terminations, severance and the employers of subcontractedwho meet the definition of a qualifyingnegotiations, and other employment employees, who were on the premisesindividual.An employer shall also reportpractices. at the same worksite as the qualifyingthe business address and NAICS code of the individual within the infectious periodworksite where the qualifying individualsAlison Gibbs may be reached by phone at that they may have been exposed towork.An employer that has an outbreak(949) 608-6900 or e-mail agibbs@ferruzzo.COVID-19 in a manner the employersubject to this section shall continue tocom.normallyusestocommunicategive notice to the local health department employment-related information.of any subsequent laboratory-confirmed Written notice may include, but iscases of COVID-19 at the worksite. Points of InterestFall 2020Page 9'