When an employee tests positive for COVID-19, notify coworkers

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   To satisfy the Occupational Safety and Health Act’s (OSH Act) general duty clause (i.e., to provide a safe work environment), as well as to conform to the Centers for Disease Control and Prevention (CDC) guidance regarding actions to take to limit exposure and spread in the workplace, informing employees about a positive test and potential exposure is recommended. But this comes with a very significant caveat. A positive test result would be considered private medical information under the Americans with Disabilities Act (ADA) and cannot be shared with others without violating the Act. For this reason, and others, the identity of the employee shouldn’t be disclosed.

You should, however, identify locations the employee visited when last in your facility and the last day she worked. Then identify which coworkers may have come in contact with and/or been in close proximity to her. They should be notified, without providing identifying information of the employee who tested positive, that they may have been exposed to someone in the workplace who has tested positive. They should be told to report if they begin experiencing any symptoms, encouraged to seek medical treatment and/or testing if they have exposure concerns, and possibly even to self-quarantine for a 14-day period.