California passes new COVID-19 notice requirements for employers

California has passed Assembly Bill (AB) 685 requiring employers to notify employees and contractors in the event of a “potential exposure” to COVID-19 and alert local health departments about coronavirus “outbreaks” in their workplaces. The law takes effect on January 1, 2021.

Sending exposure notice to employees

Under the new law, except in limited circumstances, a California public or private employer (or its representative) that receives a notice of potential exposure to COVID-19 must issue a notice to employees at the facility or worksite within one business day. A “potential exposure” includes when an employee:

• Has a laboratory-confirmed case of COVID-19;
• Received a positive coronavirus diagnosis from a licensed healthcare provider;
• Was ordered to isolate because of the virus;
• Has died from COVID-19; or
• Was exposed at the workplace to anyone in the above categories.

Within one business day of being told about the potential exposure, the employer must provide written notice to individuals in the following categories who were on the same worksite as the person who is the subject of the potential exposure during the “infectious period” (currently defined as 14 days by the California Department of Public Health): (1) all of the employer’s employees, (2) any union representing the notified employees, and (3) the employers of any subcontracted labor.