The global health crisis has spurred numerous pieces of legislation related to workers’ compensation, with a maze of requirements to navigate. Now, more than ever, it is important for employers to carefully take into consideration all applicable rules and regulations to ensure compliance and minimize risk. The burden of monitoring, understanding, and complying with these requirements can seem cumbersome, but it is far preferable to expend extra effort to be in compliance than to face potential penalties and liabilities.
In the new world of COVID-19 claims and reporting requirements under Labor Code section 3212.88, some employers overlook the additional obligations to report industrially claimed COVID-19 exposure on the OSHA 300 log. Failure to do so will likely result in a general citation from OSHA at the very least, with associated penalties. This seemingly minor oversight or paperwork omission may cause an employer to face significant unnecessary risk.
Employers also need to recall that AB685 has now gone into effect, and there are posting requirements in the workplace whenever there is a positive COVID-19 case on the premises. This posting requirement includes, but is not limited to, advising employees of their right to file workers’ compensation claims for COVID-19 exposure. Failure to post this notice could also have an adverse impact on an employer’s ability to claim a statute of limitations defense to late reported claims.
Staying ahead of reporting and posting requirements can make a huge difference to a business, and we are here to help. If you have any questions about these requirements and what they may mean for you, how to be fully compliant, or need legal advice on a related topic, please contact us.