On September 29, 2022, California’s Governor signed Assembly Bill (AB) 2693, which amends and extends COVID-19 workplace notice requirements until January 1, 2024.
Under existing law adopted under AB 685, if an employer receives notice of potential exposure to COVID-19, the employer must provide written notice of the potential exposure within one business day to all employees who were at the worksite. Originally, this notification requirement was set to expire on January 1, 2023. AB 2693 extends this reporting requirement to January 1, 2024 and gives employers another option for complying with these notification requirements.
As an alternative to providing written notice to employees, the employer may now prominently display a notice to alert employees to a potential COVID-19 exposure. If an employer opts to use this notification route, it must comply with a series of technical requirements in the statute, including:
- The notice must be displayed in all places where notices to employees concerning workplace rules or regulations are customarily posted. If the employer posts workplace notices on an existing employee portal, this notice must also be posted on the employee portal.
- This notice must be posted within one business day from when the employer is notified of a potential COVID-19 exposure and must remain posted for not less than fifteen calendar days.
- The notice must provide the following information:
- The dates on which an employee, or employee of a subcontracted employer, with a confirmed case of COVID-19 was on the worksite premises within the infectious period;
- The location of the exposures, including the department, floor, building, or other area (but this does not need to be so specific as to allow individual workers to be identified);
- Contact information for employees to receive information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws, as well as antiretaliation and antidiscrimination protections of the employee; and
- Contact information for employees to receive the cleaning and disinfection plan the employer is implementing.
Additionally, the employer must keep a log of all dates the notice required by this section was posted at each worksite of the employer and must allow the Labor Commissioner to access these records.
If you have questions about the application of AB 2693 to your business or related workplace safety and health issues, please contact the authors of this blog, your Jackson Lewis attorney, or a member of our Workplace Safety and Health team.