The COVID Project
The record
- Jurisdiction
- California; Legislature (administered by the Division of Workers' Compensation, Department of Industrial Relations) · California
- Level
- State
- Authority
- Stats. 2020, ch. 85 (SB 1159)
- Issued
- 2020-09-17 Sept. 17, 2020
- Effective
- 2020-09-17 (urgency statute; codifies EO N-62-20 of May 6, 2020 for the period Mar. 19 to July 5, 2020) (read as 2020-09-17)
- End
- 2023-01-01 (§§ 3212.86-3212.88 repealed by their terms; later extended by SB 1159's successor legislation) (read as 2023-01-01)
- In force
- Sept. 17, 2020 to Jan. 1, 2023
- Quarters
- 2020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesQuarantine and isolationOther
- Addressees
- every California employer with five or more employees (§ 3212.88)
- first responders and health care employers (§ 3212.87)
- claims administrators
- Functions reached
- HR workers' compensation administration and reporting
- WF (medical removal of infected employees)
- OP administration
- PF production floor and every worksite (outbreak definition)
- Collection
- State labor and workplace-safety agencies AGY-ST-LABOR-WORKPLACE
Operative words
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's specific place of employment, and whose employer has five or more employees. (b) The term "injury," as used in this division, includes illness or death resulting from COVID-19 if all of the following circumstances apply... An "outbreak" 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
Notes
Every industry; a State law that made each workplace outbreak a compensable-injury event and imposed a three-business-day reporting duty.