SB 1159 - The rebuttable presumption is back!

Here is a brief overview:

• Applies to employers with 5 or more employees.

• Only applies if there is an “outbreak”.

  • Outbreak is 4 or more covid-19 exposures within 2 weeks, if you have under 100 employees; OR

  • For over 100 employees, 4% of employees exposed at a specific location.

• Employee must have tested positive within 14 days of working at an employer’s direction .

• Once an employer knows or reasonably should have known that an employee has tested positive for COVID-19, within three days, the employer must alert the claims administrator.

• For all claims after July 6 and before September 17, 2020, you have 30 days to get all the information to the claims administrator. 

• Employer may not provide specifically identifying information about the employee in question, unless that employee asserts the infection is work related.

What do you do if an employee tests positive?

If an employee has tested positive for COVID-19 or was diagnosed with COVID-19 within 14 days after performing services at Employer’s worksite (not Employee’s home or residence) at Employer’s direction, and they believe or allege they contracted it at work:

1. Provide the employee with an Employee Claim Form (DWC-1).

2. Submit the Employer’s Report of Occupational Injury or Illness to your carrier or TPA (or just report the claim on their respective portal, if they fill it out for you).

3. If the claim is accepted, log it on your OSHA 300.

Have you trained your employees on your COVID-10 mitigation plan? Need documentation as proof? Here is a sample acknowledgement form (English & Spanish). INSITE customers, LOGIN and download the Word version (editable).

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