Since the start of the pandemic, we have kept a close eye on our industry and how it reacts to these uncertain times. We are focussed on helping our clients adapt to the implementation of legislation around the globe. As such, we are paying particularly close attention to the role we play in helping our clients maintain compliance with recent legislation enacted in California (CA SB1159) and the employer reporting responsibilities it creates.
What is CA SB1159?
On September 17, 2020, Governor Gavin Newsom of California codified CA SB1159. It allows that under certain circumstances a presumption may apply that an employee’s illness - related to coronavirus – is to be treated as an occupational injury, and thus, is eligible for workers’ compensation benefits.
This new law creates very specific reporting responsibilities for California employers that have more than 5 employees. It is applied when an employer is made aware – or should have been aware – that an employee has tested positive, and is required to report the positive test to their claims administrator.
For full legislation, please visit: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1159
What are the employers’ reporting responsibilities?
For ‘retroactive’ claims, between 07/06/2020 and 09/16/2020, the employer must report positive tests to their claims administrator by 10/29/2020.
For ‘current’ claims, after 09/17/2020, reporting must happen within 3 business days of the employer reasonably knowing, or knowing, of a positive test.
The report must note:
- That an employee has tested positive, anonymous (no personally identifiable information) unless asserts work-related or filed a claim. If an employee alleges it is work-related an employer should send in the notification and also report a workers’ compensation claim.
- The date the employee tested positive (i.e. the date the specimen was collected).
- The address/addresses of the specific place(s) of employment during the 14-day period preceding the positive test.
- Retroactive - The highest number of employees who reported to work at each of the employee’s specific places of employment on any given workday between July 6, 2020, and September 16, 2020.
- Current - The highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment.
How do we send notices into Broadspire?
We supply our own form for completion which clients can obtain from their account executive. After completing the form, clients should then email the document back to Broadspire.
Below is an example of what the ‘COVID-19 exposure report’ looks like:
How does Broadspire identify an outbreak?
Your claims administrator will analyse the information you provide on the ‘COVID-19 exposure report’. From that, they will go through the following process:
If an outbreak is identified who will be notified?
If an outbreak is identified, the person you designate on the form will be notified. You can also instruct your Account Executive in writing if there are additional people you would like informed should an outbreak be identified.
At Broadspire, we are positioned and ready to help clients maintain compliance. From easy-to-use forms to consultative account management, we have steps in place to make the reporting process as simple as possible.
As our clients go down the path of safely reopening and operating during the pandemic, we are committed to assisting as much as we can in restoring their business operations.
For our Webinar on CA SB 1159 and AB 685, click the link below:
https://zoom.us/rec/share/QRrY_HV2gnicrE2IphoBywLnQSUhY9ZMk1_-zYrsmhxb2Dwn1AKWXwnSqlr8JpWh.6ICLVhptZNaQF3Dw
Passcode = g5A2RM
For more info on the bill, visit the official FAQ:
https://www.dir.ca.gov/dwc/Covid-19/FAQ-SB-1159.html
