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When to let coworkers know about COVID-19 exposure

September 2020 employment law letter
Authors: 
Alyssa Lazar, Steptoe & Johnson PLLC

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   Employers are not required to notify all workers about the coworkers who have tested positive for the virus—only those workers who have been in “close contact” with the workers who tested positive.

If a worker has tested positive for COVID-19, you should immediately ask her which coworkers she has been in “close contact” with during the prior two weeks. The Centers for Disease Control and Prevention (CDC) has recently updated its guidance by defining “close contact” as “anyone who was within six feet of an infected person for at least 15 minutes.” It doesn’t matter if the “close contact” occurred before the infected worker experienced symptoms. An infected person can spread COVID-19 starting 48 hours before she has any symptoms or tests positive.

If your employees have been working from home, this assessment is easy. It’s likely no other worker has been in contact with an infected worker. If they haven’t been working from home, however, you should alert those who have been in close contact with the infected workers as soon as possible.

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