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Ex. AGY-ST-LABOR-WORKPLACE-014 Order Primary source read

Senate Bill 1159 (Chapter 85, Statutes of 2020)

Workers' 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

California Legislature; approved by Governor Newsom · California; Legislature (administered by the Division of Workers' Compensation, Department of Industrial Relations) (State)

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2023-01-01 (§§ 3212.86-3212.88 repealed by their terms; later extended by SB 1159's successor legislation) (read as 2023-01-01)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
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.