Are we required to notify our employees if we learn an employee tested positive for COVID-19?

If an employee tests positive for COVID-19, employers must follow the notification and reporting requirements detailed in Labor Code section 6409.6 as well as California Division of Occupational Safety and Health (Cal/OSHA) notification and reporting requirements specified in the agency’s COVID-19 emergency temporary standards (ETS). The largely overlapping requirements direct employers to notify employees within one business day of potential COVID-19 exposures in the workplace. Additionally, the labor code requires employers to notify their local health departments of “outbreaks” in the workplace within 48 hours or one business day, whichever is later.

The notification and reporting laws are highly detailed. Employers can use CalChamber’s COVID-19 Workplace Exposure Notification Checklists to assist with compliance.

Employers should also review the following guidance from the California Department of Public Health and Cal/OSHA:

Visit the CalChamber Coronavirus (COVID-19) webpage for more COVID-19-related federal, state and local resources, including CalChamber coverage.

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