COVID-19 resources
California Employer Reporting Form
Important Notice:
On 9/17/2020 California enacted SB-1159 which imposes certain reporting requirements on California employers. Effective immediately, employers are required to report positive COVID-19 tests to their workers compensation claim administrator, whether there is an allegation the COVID-19 exposure is related to work or not. According to the legislation, an employer who intentionally submits false or misleading information, or fails to submit information when reporting, could be subject to a civil penalty in the amount of up to $10,000, to be assessed by the Labor Commissioner. Additional information can be found here.
Does this law apply to my business?
This new law requires all employers who have 5 or more employees report to their Workers’ Compensation administrator certain information once an employee tests positive for COVID-19. Even If the employer believes the employee’s positive test was not a result of work exposure, it must still be reported to the Workers’ Compensation Claims Administrator.
This new law does NOT apply to the following employees:
- Fire and rescue services coordinators, i.e., coordinator, senior coordinator or chief coordinator.
- Employees who provide direct patient care or custodial employees in contact with COVID-19 patients, who work at a “health facility.” ‘Health Facility’ means:
- general acute care hospital
- acute psychiatric hospital
- skilled nursing facility
- intermediate care facility/developmentally disabled –continuous nursing (ICF/DD-CN)
- hospice facility
- Employees of health facilities who do not come into direct contact with COVID-19 patients, who do not have contact with health facility patients within the last 14 days who tested positive for COVID-19.
- Providers of in-home supportive services who provide the in-home supportive services outside of their own home or residence.
Reporting obligations
Once the employer ‘knows or reasonably should know’ that an employee has tested positive for COVID-19, the employer must do all of the following:
- For any positive test occurring on or after September 17, 2020, within 3 business days of becoming aware of an employee testing positive, you must report to your Claims Administrator all of the following:
- An employee tested positive. Unless the employee is claiming the positive test or exposure was work related, the reporting of the employee’s identity must not be disclosed. If the employee is claiming the positive test was work related, then you must disclose the identity of that employee.
- The date on which the employee tested positive. This means the date on which the specimen was collected for testing and NOT when the results of the test come out.
- The address of the employee’s specific place(s) of employment during the last 14 day period prior to testing positive. If the employer has more than one job site at which the employee was directed to work by the employer, then all addresses must be disclosed within that same 14 day period prior to testing.
- The employer must calculate the highest number of employees who reported to work at each specific place of employment within the 45 day period prior to the employee’s last day of work at each specific location.
- For any positive test that occurred between July 6, 2020 and September 17, 2020, employer will have until October 29, 2020, to report 1-3 above to your claims administrator, using the below form and replacing #4 above, the employer must instead calculate the highest number of employees who reported to work at each specific place of employment between July 6, 2020 and September 17, 2020.
Notes
- If you have more than one employee who has tested positive for COVID-19, you must complete a separate form for each
- If the employee is not claiming the exposure is work related, do not include any personally identifiable information (e.g. – name, SSN, etc.)
- If the employee is claiming the exposure is work related or has filed a DWC-1, in addition to completing the form below, you will need to report the workers compensation claim to Broadspire:
Phone 866.248.2099 Fax 678.937.8210 Email methodinsurance@choosebroadspire.com