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Assembly Bill 685 – the Skinny on What Employers Need to Know

Anthony Poston, ARM, AIM

The law will be in effect from January 1, 2021 to January 1, 2023

  • Requires employers that receives a notice of potential exposure to COVID-19 to notify its employees within one business day.

  • Employers must provide written notice of potential COVID-19 exposure within one day of knowledge of exposure by a “qualifying individual”

  • “Notice” may include any written notice, such as email, text message, or personal service, so long as it can be “reasonably anticipated” that the employee will receive the notice within one business day.

  • Notify their local public health agency of an “outbreak” at the place of employment within 48 hours of knowledge of the outbreak*

  • Expanded Power of Cal/OSHA authority

What is a Qualifying Individual?

  • Those who have a laboratory confirmed case of COVID-19.

  • A COVID-19 diagnosis from a licensed health care official.

  • A COVID-19 related isolation order from a public health official.

  • A death due to COVID-19 confirmed by a county public health official. 

4 things AB 685 changed for Cal/OSHA:

  1. Orders Prohibiting Use (OPU):

    • Cal/OSHA can issue an OPU to shut down an entire worksite or a specific worksite area that exposes employees to an imminent hazard related to COVID-19.

  2. Citations for serious violations

    • Cal/OSHA can issue citations for serious violations related to COVID-19 without giving employers 15-day notice.

    • Citations are classified as serious when Cal/OSHA demonstrates there is a realistic possibility that death or serious physical harm could result from the actual hazard.

    • Serious Violations can start at $18,000 www.dir.ca.gov/title8/336.html

  3. Notification To Employees

    • Employers are required to notify all employees at a worksite of potential exposures, COVID-19-related benefits and protections, and disinfection and safety measures that will be taken in response to the potential exposure.

  4. Notification to LHD within 48 hours

    • Employers are required to notify local public health agencies of all workplace outbreaks, which are defined as three or more laboratory-confirmed cases of COVID-19 among employees who live in different households within a two-week period.

Here is a sample notice form to employees. INSITE customers, LOGIN and download the Word version (editable).

For more information, watch our recent webinar on SB 1159 & AB 685