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Q - A: Notifying employees about a coworkers COVID-19 infection

September 2020 employment law letter
Authors: 
Heath P. Straka, Axley Attorneys

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?

The short answer is a qualified yes. You should notify your employees another worker has tested positive for COVID-19 if they have had contact with the infected worker.

For the last several months, all facets of society have tried to navigate the COVID-19 pandemic and all it entails. From locking down, sheltering in place, social distancing, virtual learning, and sharing bandwidth, to business closings, layoffs, and reduced capacity, everyone has been affected. Employers are no different. There are myriad different regulations, guidelines, and orders to which businesses must adhere. When it comes to an employee's COVID-19 infection, there's no shortage of hurdles to leap. The size and nature of the business will control the response.

If the business is relatively small, and all the workers are in one office, it's more likely the infected individual has had at least some contact with coworkers. The contact could be face-to-face or sharing a copy machine. In those cases, you should inform all of your workers.

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