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Today, Governor Gavin Newsom signed a pair of COVID-19 worker protection bills into law.
SB 1159 creates a new “disputable presumption” that an employee’s illness or death due to COVID-19 is work-related on or after July 6, 2020, through January 1, 2023. The emergency legislation takes effect immediately.
AB 685 requires employers notify employees within one business day and public health officials within 48 hours of a potential COVID-19 exposure in the workplace. It also strengthens Cal/OSHA ‘s enforcement powers, including the power to shut down a worksite that the Division’s deems to subject workers to an “imminent hazard” of COVID-19 exposure.
An employer may dispute the presumption created by SB 1159 with evidence such as measures in place to reduce potential transmission of COVID-19 in the workplace, the employee’s nonoccupational risks of COVID-19 infection, and such other evidence that may be used to dispute a work-related injury.
The presumption under SB 1159 applies to all employees who test positive during an “outbreak” at the employee’s specific work location, and whose employer has five or more employees. An injury for purposes of the law includes illness or death resulting from COVID-19 and the following conditions apply:
An “outbreak” is deemed to exist if, within 14 calendar days, one of the following occurs at a specific place of employment:
Although not addressed in the bill, an employee who tested positive between March 19 and July 5, 2020 (i.e., when Governor Newsom’s executive order was in effect), would presumably fall under the executive order rather than SB 1159.
Employers are advised to train the appropriate staff on the new obligations created by these laws
Farming has never been more challenging, which is why Western Growers invests in fully committed advocates – your advocates – in Sacramento, Phoenix, and Washington, D.C. Only Western Growers offers members so many business services, supported by more than 400 dedicated employees.