How Does SB 1159 Effect My Business?
COVID-19 has quickly changes how we do business. It is also changing how employers must report COVID-19 related health issues. SB 1159, signed by Governor Newsom, creates new reporting requirements for employers regarding COVID-19, effective September 17, 2020.
OVERVIEW:
Employers with five or more employees must report to their claims administrator via email or fax, any instance of which they are aware an employee tested positive for COVID-19, or risk substantial financial penalty. The report must be made within 3 business days.
If an employer is aware of an employee who tested positive prior to the effective date of this statute, between July 6, 2020 and September 16, 2020 they have until October 29, 2020 to report those cases.
California Labor Code Section 3212.88(i) states that, “When the employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer shall report to their claims administrator in writing via electronic mail or facsimile within three business days all of the following”:
An employee has tested positive. For purposes of this reporting, the employer shall not provide any personally identifiable information regarding the employee who tested positive for COVID-19 unless the employee asserts the infection is work related or has filed a claim form pursuant to Section 5401.
The date that the employee tests positive, which is the date the specimen was collected for testing.
The specific address or addresses of the employee’s specific place of employment during the 14-day period preceding the date of the employee’s positive test.
The highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment.
What Should You Do Immediately?
If you have 5 or more employees and if any employees test positive, the guidelines above apply to you. Contact you workers’ compensation carrier and/or broker to report the incidents. Even if your employee has recovered, you need to report it. Properly reporting COVID-19 Claims is crucial. A fine up to $10,000 to the employer for not accurately reporting a claim when an employee has tested positive for COVID-19. Effective immediately, employers are required to report positive COVID-19 tests to their work comp carrier, regardless of whether there is an allegation the COVID-19 exposure is related to work or not. COVID-19 is still a very confusing virus and there could be longterm health implications, therefore you should take these guidelines seriously. If you have any questions about SB 1159 or workers’ compensation insurance, please contact us.