Pub 9 2020-2021 Issue 1

PUB YR 9 2020-2021 | ISSUE 1 23 If an employer or representative of the 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, within 48 hours, the employer shall notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation, and worksite of employees who tested positive. The second major change due to the law is clarification regarding requirements to report COVID-19 cases to workers’ compensation claims administrators. When an employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer must report this to their workers’ compensation claims administrator. This report must be made within three business days and in writing by email or fax. Your claims administrator may have created a form for this purpose. Employers may be subject to civil penalties of up to $10,000 for violating these reporting requirements. AB 685: Notices Regarding Positive COVID-19 Cases or Exposure Starting Jan. 1, 2021, if an employer learns that an employee has tested positive for COVID-19, the employer must provide employees, their union representatives, and the employer of any subcontracted employees with notice of the positive case and provide special notice to those who have been exposed to COVID-19. This notice must go out to employees within one business day. Please note that the privacy of the positive employee must be protected during this process. Also, if three or more people within 14 days test positive, the employer must do the following: For all employees at the workplace: • Provide a written notice that they may have been exposed to COVID-19. • Provide information regarding the disinfection and safety plan that the employer plans to implement and complete per the federal Centers for Disease Control guidelines. • Provide all employees who may have been exposed and the exclusive representative, if any, with information regarding COVID-19-related benefits. The employee may be entitled to applicable federal, state or local laws. These may include, but are not limited to, workers’ compen- sation and options for exposed employees, including COVID-19-related leave, company sick leave, state-mandated leave, supplemental sick leave or negotiated leave provisions, as well as anti-retaliation and anti-discrimination protections for the employee. • Notify all employees and the employers of subcontracted employees and the exclusive representative, if any, on the disinfection and safety plan that the employer plans to implement and complete per the federal Centers for Disease Control guidelines. • If an employer or representative of the employer is notified of the number of cases that meet the definition of a COVID-19 outbreak, as def ined by the State department of public health, within 48 hours, the employer shall notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation, and worksite of employees who tested positive. Notably, though, San Diego County requires that essential open businesses report all positive, lab-confirmed cases of COVID-19 to the County department of public health in a prompt fashion. The report must include the name, date of birth, and contact information of the employee. The business must also cooperate with the Department to notify any exposed employees at the workplace. San Diego Health Order Local governments may still issue rules that are more restrictive than state or local guidelines and laws. For example, San Diego County’s Feb. 6, 2021 health order still requires that non-essential businesses remain closed for in-person services. It prohibits travel by residents except attending work at our shop at essential businesses or other authorized sectors. However, for dealers classified as essential busi- nesses, the local health order largely tracks state guidance, except where noted in this article (note the discussion regarding reporting positive cases of COVID above). With luck, San Diego dealers will see a loosening of COVID restrictions as positive cases continue to decline and the number of vaccinated residents increases. In the meantime, it remains important to comply with federal, state and local rules. Contributed by Scali Rassmusen | Scalirasmussen.com Recognized as California’s top boutique automotive law f irm, their automotive industry clients include: franchised dealership groups, independent auto dealerships, auto dealer associations, automotive internet marketing companies, automotive advertising agencies, finance companies & providers of after-market automotive products and services.