According to a new law effective January 1, 2021, California employers will be required to undertake substantial notification requirements whenever there has been a potential COVID-19 exposure in the workplace. Will Minnesota eventually follow this path?
The law kicks in whenever an employer learns that an individual who has tested positive for COVID-19 or is subject to an isolation order (a “qualifying individual”) enters the workplace during the period in which that person is considered potentially infectious. That person could be an employee, a contractor, a vendor or any other visitor to the site.
What Information Must be Provided
If a qualifying individual enters the workplace the employer must produce a notice to anyone (employees and non-employees alike) who may have been exposed. This notice must be issued within one business day of the time that the potential exposure has occurred.
The required notice must inform anyone at the workplace during the qualifying individual’s infectious period that they “may have been exposed to COVID-19.” They must also be told about plans the employer has to disinfect the workplace and otherwise make it safe in accordance with CDC guidelines.
In addition, employees who may have been exposed must be told about their rights and benefits under law (e.g. workers compensation, FCCRA leave) and be advised regarding their protections from discrimination and retaliation.
Other Requirements
The notice must be sent in the same fashion as the employer normally sends information about employment-related matters, and must be in both English and any language commonly understood by a majority of the employees. The employer may send their required notices to non-employees in the same manner.
Employers must also alert the local public health department within 48 hours of becoming aware of a COVID-19 workplace outbreak. An “outbreak” is defined as “three or more laboratory-confirmed cases of COVID-19 within a two-week period among employees who live in different households.” The employer must inform the local authorities of the number of COVID-19 cases at the worksite, and must identify the names, occupations and worksites of qualifying individuals.
Enforcement
California’s OSHA can issue citations and even has the authority to close down a business if is considered an “imminent hazard” due to potential COVID-19 transmission.
Bottom Line
As more businesses try to return to in-person work, we can expect to see more protective legislation like this. We will of course stay on top of any Minnesota developments in this regard.