In its “response to COVID-19,” the California legislature has codified much of Gov. Gavin Newsom’s earlier Executive Order and created detailed reporting requirements to cope with the ongoing pandemic as well.
According to Chuck Landon, a local HR consultant, employers should be aware of the new requirements that took effect Nov. 30 as well as even more that will become law on Jan. 1, 2021.
He said employers should understand new laws governing employment during the pandemic. “There is no question that the state’s legislature believes they have the public’s interest at heart as they attempt to stem the pandemic,” said Landon.Since the pandemic began, Landon has spoken to both the Los Alamitos and Cypress Chambers of Commerce regarding workplace requirements, but said the rules changed on Nov. 30 and will change again in January.
“I think employers should be aware of how the state is treating COVID in the workplace,” said Landon citing two new laws, Senate Bill 1185, which became law on Nov. 30, and Assembly Bill 685, which will become state law on Jan. 1.
Landon said the recently passed legislation reaffirmed much of Gov. Newsom’s executive orders, but legislators have put more “teeth” in them.
For instance, Landon said the law includes an automatic “presumption” that a COVID injury (infection) will have occurred in the workplace for workers on the job.
Landon said while legislators are trying to protect workers, business could eventually challenge this strong presumption.
Not only does it provide specifics to employers on how COVID is to be treated in the workplace, it also gives employers strict guidelines to follow before and after a positive employee COVID notification.
Under the new law, said Landon, employers must all create a COVID Prevention Plan, including such components as “Authority and Responsibility,” “Identification and Evaluation of COVID Hazards” in the workplace, and “Correction of COVID Hazards (including engineered solutions).”
In detail, the CPP required by the state must also break down each of those categories into detailed information; such topics as “staggered meals,” “increase air flow,” communications systems, training, PPE, etc. etc.
Landon said sole proprietors are not required to create a CPP, but employers should become aware of the legislation.
The bill that became law goes into detail describing the “reporting requirements” of CalOSHA and how workplace incidences of COVID should be handled, said Landon.
For instance, any COVID injury that causes either death, hospitalization, days away from work, restricted work or transfer, medical treatment beyond first aid, loss of consciousness or significant injury or illness diagnosed by a physician or licensed health care professional must be reported.
There are some linkages to the initial CARES ACT that will require future clarification, said Landon.
While there is much duplication in the Assembly Bill that will take effect in January, there are some differences in the reporting requirements.
“Take the time to know your legal compliance obligations and requirements because what you don’t know can definitely hurt you,” says Landon. Regarding employees returning to the workplace, “it can be done safely if employers are taking the correct precautions and protocols,” he added.