A New California Law – Reporting Positive Employee COVID-19 Cases

November 2020

On September 17, 2020, Governor Gavin Newsom signed SB1159 into law, establishing new Labor Code sections creating COVID-19 presumptions for workers’ compensation claims. These presumptions will remain in effect until January 1, 2023. This notice applies only to Labor Code Section 3212.88.

Who does this Labor Code Section 3212.88 apply to?
This section of the Code applies to non-front line workers employed by employers who have five (5) or more employees.

What period of time does this Labor Code Section 3212.88 apply to?
All employees diagnosed with a positive COVID test at a specific place of employment in California from September 18, 2020, through December 31, 2022.

When must I report a positive COVID test?
The employer must report the positive test within three (3) business days of when they know or reasonably should have known that an employee tested positive for COVID-19 on or after September 17, 2020.

What information must be reported?
1. An employee has tested positive.
The employer shall not provide any personally identifiable information regarding the employee who tested positive unless the employee asserts the infection is work-related or has filed a claim for workers’ compensation benefits.

2. The date of the test for which the result was positive.
This is the date the specimen was collected not the date the results were known

3. The specific place of employment in California where the COVID-positive employee worked.
Pre-employment screening tests are not reportable as the employee had not yet worked at the location of the employer

4. The highest number of employees who reported to work at the employer’s specific place of employment in the 45 days preceding the date of the employee’s positive test.

How do I report this information?
You must report the above information in writing via email to workcomp@castandcrew.com or through our online secure portal: https://castandcrew.formstack.com/forms/sb1159.

What happens with the information once submitted?
Our workers’ compensation claims administrator will:
– Review the reported information to determine if an outbreak has occurred
– Notify the production if an outbreak has occurred
– Apply the presumption for workers’ compensation claims that occur during an outbreak according to the new requirements

What is an Outbreak?
– 4 or more employees if less than 100 employees or
– 4% or more employees if greater than 100 employees

What do I do if my employee is asserting a claim for workers’ compensation benefits?
If your employee is asserting a work-related injury, you will follow your regular process for filing a workers’ compensation claim (Click here for the Stars Intake App instructions or here for the Injury & Illness Report Form).

We’re Here To Help
For additional questions, please don’t hesitate to contact the Risk Management Department. Please email us at workcomp@castandcrew.com or by phone at 818-738-9351.

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