On September 17, 2020, California enacted Assembly Bill 685. The law provides new notice requirements for employers and gives Cal-OSHA the power to impose large fines and temporarily close workplaces that pose an imminent hazard to employees due to COVID-19.
Notice Requirements
First, the law imposes notice requirements on employers. If an employee tests positive for COVID-19, the employer notify all other employees, subcontractors, and employees of subcontractors who worked at the same worksite as the employee who tested positive. Notice may be provided through personal service, email, text, or any other means which will likely be received by the employees and must be given within one business day. The notice must include the following information:
That a fellow employee, subcontractor, or employee of a subcontractor has tested positive for COVID-19 and may have exposed other employees at the worksite;
Information regarding any federal, state, and local benefits regarding COVID-19, such as workers’ compensation; and
Notify all employees of the disinfection and safety plan that the employer plans to implement and complete per Center for Disease Control guidelines.
In addition, the law requires that employers notify local health authorities in the event of a COVID-19 “outbreak” as defined by the California Department of Public Health. As of the date of this blog post, an “outbreak” is defined “as least three probable or confirmed COVID-19 cases within a 14-day period in people who are epidemiologically-linked in the work setting.” If an outbreak occurs, the employer must notify local health authorities, such as the Stanislaus County Health Services Agency, within 48 hours.
Cal-OSHA Penalties
Second, the law gives Cal-OSHA the right to temporarily close workplaces that “constitute an imminent hazard to employees” as a result of COVID-19. If Cal-OSHA makes this determination, they may only limit access to the immediate area in which in the imminent hazard exists. An employer may enter the restricted area in order to disinfect or clean the dangerous area.
If an employer fails to comply with the law, Cal-OSHA may impose significant fines. As of the date of this blog post, the initial penalty for each violation is $18,000 and may be increased to $25,000.
The law went into effect on January 1, 2021 and is scheduled to expire on January 1, 2023.