How to notify employees that a coworker has tested positive for COVID-19

Q   We are an employer with approximately 400 employees, and we are aware a couple of our workers have tested positive for COVID-19. Are we required to notify all employees about the coworkers who have tested positive for the virus?

A   This question presents conflicting obligations that can be difficult to navigate. On one hand, information regarding COVID-19 testing results is confidential medical information under the Americans with Disabilities Act (ADA), and disclosing an employee’s positive COVID-19 results to other employees (particularly if you give her name or other details that could identify her) is a breach of your obligation to maintain the confidentiality of such information. On the other hand, you have a duty under the Occupational Safety and Health Act (OSH Act) to maintain a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

To balance these considerations, you should notify HR of any confirmed positive COVID-19 cases and remind any supervisors with such information to keep it confidential. You should immediately request information from the confirmed-positive employee regarding any other employees she came into close contact with up to 14-days before the positive test. She should also identify any work areas in which she was physically present during that time.