{"id":"AGY-ST-LABOR-WORKPLACE-014","kind":"order","level":"state","jurisdiction":"California; Legislature (administered by the Division of Workers\u0027 Compensation, Department of Industrial Relations)","state":"CA","metro":"","industry":"","agency":"ST-LABOR-WORKPLACE","eco":"","issuer":"California Legislature; approved by Governor Newsom","authority":"Stats. 2020, ch. 85 (SB 1159)","instrument":"Senate Bill 1159 (Chapter 85, Statutes of 2020)","title":"Workers\u0027 compensation: COVID-19 disputable presumptions (§ 3212.86 all employees Mar. 19 to July 5, 2020; § 3212.87 first responders and health care; § 3212.88 employees who test positive during an outbreak at the place of employment) and employer duty to report positive tests to the claims administrator within three business days","dateIssued":"2020-09-17","effective":"2020-09-17 (urgency statute; codifies EO N-62-20 of May 6, 2020 for the period Mar. 19 to July 5, 2020)","end":"2023-01-01 (§§ 3212.86-3212.88 repealed by their terms; later extended by SB 1159\u0027s successor legislation)","startDate":"2020-09-17","endDate":"2023-01-01","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMP","QUAR","OTHER"],"addressees":["every California employer with five or more employees (§ 3212.88)","first responders and health care employers (§ 3212.87)","claims administrators"],"clause":"3212.88. (a) This section applies to employees who are not described in Section 3212.87, who test positive during an outbreak at the employee\u0027s specific place of employment, and whose employer has five or more employees. (b) The term \u0022injury,\u0022 as used in this division, includes illness or death resulting from COVID-19 if all of the following circumstances apply... An \u0022outbreak\u0022 exists if within 14 calendar days one of the following occurs at a specific place of employment: (A) If the employer has 100 employees or fewer at a specific place of employment, 4 employees test positive for COVID-19.","enforcement":"Civil penalty up to $10,000 for an employer that intentionally submits false or misleading outbreak information or fails to report (§ 3212.88(k)); Labor Commissioner","functions":["HR workers\u0027 compensation administration and reporting","WF (medical removal of infected employees)","OP administration","PF production floor and every worksite (outbreak definition)"],"notes":"Every industry; a State law that made each workplace outbreak a compensable-injury event and imposed a three-business-day reporting duty.","sourceUrl":"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1159","snapshot":"","fileExists":true,"fileBytes":323953,"grade":"primary","character":"","description":"","collection":"AGY-ST-LABOR-WORKPLACE","url":"/library/AGY-ST-LABOR-WORKPLACE-014","exhibitUrl":"/exhibit/AGY-ST-LABOR-WORKPLACE-014","citation":"California Legislature; approved by Governor Newsom, Senate Bill 1159 (Chapter 85, Statutes of 2020) (Sept. 17, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-014)","stateName":"California","related":["AGY-ST-LABOR-WORKPLACE-013"]}