Attention, Employers!

SB 1159 Retroactive Reporting of COVID-19 Cases are due now!

The California deadline is on or before October 29, 2020 for Employers to report COVID-19 Positive Testing

Employer’s failure to report carries a potential civil fine up to $10,000!

The Halloween goblins are out and reminding employers, with 5 or more employees, of the retroactive COVID-19 reporting requirement found in Senate Bill 1159 and codified in Labor Code 3212.88.

Employers are to report the results of any employee, who is not working strictly from home, testing positive for COVID-19 from 7/6/20 to9/17/20, when the bill was signed into law.

Employers must report to their carrier or Third-Party Administrator (TPA) the following information:

• All employees who tested positive for COVID-19 from 7/6/20 to 9/17/20

• Address of the location where employee worked during the 14 days prior to the positive testing

• Dates they tested positive

• Highest number of employees who reported to work at that location between 7/6/20-9/17/20

• Keep personally identifiable information, regarding the employee who tested positive, confidential (e.g. use an employee ID instead of their name), unless the employee is alleging that the COVID-19 is work related

All COVID-19 positive tests or claims by employees (excluding remote employees) after 9/17/20 must be reported to your claim’s administrator within 3 business days. Check with your carrier for details.

If an employee asserts the COVID-19 infection is work-related, provide a DWC-1 to the employee, and file a claim with your carrier or TPA.

The claims administrator will use this information to analyze if an employer has met or exceeded the threshold for an outbreak for purposes of applying the disputable presumption for COVID-19 and whether a case is compensable under Workers’ Comp.

If you have questions, call your ESM Claims Management Advocate to discuss.