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Mandatory Requirements for Recording and Reporting COVID-19

REPORTING POSITIVE COVID-19 TESTS

Effective immediately, employers with more than 5 employees are required to report any positive employee COVID-19 tests, including positive test results for both work-related and non-work-related cases, to their workers’ compensation claims administrator, regardless of whether the employee is filing a workers’ compensation claim.

Submit the following form for each individual employee who tests positive within 24 hours of being notified: https://greenslate.formstack.com/forms/covid_reporting_form

Failure to report may result in penalties, which production may be responsible for should they occur. 

Please note: 

  • This reporting does not replace the actual filing of a workers’ compensation claim if an employee claims that the exposure is work-related. 
  • If the employee is claiming the exposure is work-related or has filed a DWC-1, report the workers’ compensation claim separately. Email wcclaims@gslate.com for instructions.
  • Do not include personally identifiable information (e.g. name, SSN, etc.) in the form.
  • Employees must provide medical documentation from a doctor that confirms the positive test. Ask for this documentation, record the date you requested it and the date received, and keep it in the employee’s file. This will need to be sent to the insurance carrier later.

The law allows an insurance carrier to rebut the presumption and investigate to prove that the illness occurred or was contracted somewhere other than work. As an employer, you are responsible for fully cooperating with their investigation.

Each production is responsible for recording and maintaining records for all injuries and illnesses in compliance with OSHA regulations in the state where they perform work. 

On January 1, 2021, California Assembly Bill 685 goes into effect.  

The bill requires an employer to take the following actions when it “receives notice of potential exposure to COVID-19” at a particular place of employment:

  • Provide a written notice to all employees and the employers of subcontracted employees. The notice can come via personal service, text, or email. It should be available both in English and the language of the majority of the employees.
  • Provide a written notice to the exclusive representative, if any, of the above referenced employees.
  • Provide an explanation of possible benefit entitlements.
  • Explain the employer’s disinfection and safety plan pursuant to directives from the Centers for Disease Control and Prevention (CDC).
  • Notify GreenSlate of any place of employment ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health or a school superintendent due to a risk of infection with COVID-19. Email wcclaims@gslate.com

When an employer is notified of the number of cases that meet the definition of a COVID-19 outbreak, as defined by the State Department of Public Health, the employer shall, within 48 hours, notify the public health agency. 

As regards the written notice referenced above, provide the notice in a manner consistent with the information gathered on an OSHA 300 log.

The preceding information is provided for informational purposes only, should not be construed as or relied upon as legal advice, and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please consult your counsel. This information in this communication is general in nature, and is not intended, nor should it be construed, as legal, accounting, tax or other professional advice rendered by GreenSlate, LLC. The reader should contact his or her attorney, CPA, or tax professional prior to taking any action based upon this information.

GreenSlate
20 November 2020

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