When Governor Newsom signed Senate Bill 1159 (SB 1159) into law on September 17th, the clock began ticking. The updated Labor Code section 3212.88 requires employers to report to their claims administrator ALL positive test results for COVID-19 by their employees (whether a claim has been filed or not). The deadline of October 29th is for all samples collected between July 6 and September 16, 2020, and was established as 30 business days from September 17th. By this date, employers must report to the claims administrator:
- The employee’s diagnosis
- Every location the employee performed work at in the 14 days prior to diagnosis
- The highest number of employees who reported to work at each of those locations on any given day between July 6 and September 17
Failure to report this information, or to report accurately, may result in fines of up to $10,000, and possibly expose employers to other risk and liability. It is imperative that employers do their best to complete their reporting accurately and on time in order to minimize their risk.
