Attention All Employers: New COVID Rules

COMMUNITY NEWS Attention All Employers: New COVID Rules

What is AB 685?

AB 685 is a California law signed by Gov. Gavin Newsom on Sept. 17, 2020. This law: • Requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. • Requires the California Department of Public Health (CDPH) to publicly report information on workplace outbreaks. • Authorizes Cal/OSHA to enforce

COVID-19 hazards as an imminent hazard to provide immediate protection for workers.

What information am I required to give workers?

Upon identifying a COVID-19 case in the workplace, you need to provide the following information:

1) Notice to your employees and the employer of subcontracted workers that they may have been exposed to

COVID-19.

You can inform other workers of the dates that an individual with COVID-19 was at the worksite but should not share information that could identify the affected individual. You must also provide this information to the exclusive labor representative, if any.

2) Information about benefits & options

You must provide your employees with information about COVID-19 benefits under federal, state, or local laws. This includes workers’ compensation, company sick leave, state-mandated leave, supplemental sick leave, negotiated leave, and anti-retaliation and anti-discrimination protections.

3) A disinfection & safety plan

You need to inform your employees and the employer of subcontracted workers of your disinfection and safety plan for the worksite, in accordance with CDC guidelines. You must also provide this information to the exclusive labor representative, if any.

How and when should workers be notified?

You must provide a written notice to your employees and the employer of subcontracted workers within 1 business day of receiving notification of potential exposure.

The written notice can be handdelivered or given by email or text message and should be in both English and any other language understood by the majority of employees.

You must also provide this written notice to the exclusive labor representative, if any, within 1 business day.

Which workers must be notified?

All employees and employers of any subcontracted employees who were at the same worksite as the worker diagnosed with COVID-19 during their infectious period must be notified.

For an individual who develops symptoms, the infectious period begins 2 days before they first develop symptoms. The infectious period ends when the following criteria are met: 10 days have passed since symptoms first appeared, AND at least 24 hours have passed with no fever (without use of fever-reducing medications), AND other symptoms have improved.

For an individual who tests positive but never develops symptoms, the infectious period for COVID-19 begins 2 days before and ends 10 days after the specimen for their first positive test for COVID-19 was collected.)

When am I required to report COVID-19 cases to the local health department?

You must report COVID-19 outbreaks to the local health department. For nonhealthcare workplaces, this is defined as 3 or more COVID-19 cases among workers at the same worksite within a 14-day period.

Once this threshold is met, you have 48 hours to report to the local health department in the jurisdiction where the worksite is located.

You also must continue to notify the local health department of additional COVID-19 cases identified among workers at the worksite.

What information should I report to the local health department?

1) Information about the worksite – name of company/institution, business address, and North American Industry

Classification System industry code. 2) Names and occupations of workers with COVID-19. 3) Additional information requested by the local health department as part of their investigation.

How do local health departments and CDPH use this information?

Local health departments will review information you share and work with you to reduce the risk of COVID-19 transmission in the workplace. Local health departments will also share information about workplace COVID-19 outbreaks with CDPH.

CDPH is required under AB 685 to share information about COVID-19 workplace outbreaks by industry on their website.

Who qualifies as a COVID-19 case?

Under AB 685, a COVID-19 case is someone who: • Has a positive viral test for COVID-19, includes nucleic acid (PCR) and antigen tests. • Is diagnosed with COVID-19 by a licensed health care provider, • Is ordered to isolate for COVID-19 by a public health official, OR • Dies due to COVID-19, as determined by a public health department.

If you are notified of individual(s) in your workplace who meets any of those criteria, you must notify workers and the local health department as described above.

What does AB 685 authorize Cal/OSHA to do?

AB 685 allows Cal/OSHA to:

Issue an Order Prohibiting Use to shut down an entire worksite or a specific worksite area that exposes employees to an imminent hazard related to COVID-19. This allows Cal/OSHA to protect workers from an imminent hazard by prohibiting entry into a place of employment or prohibiting the use of something in a place of employment which constitutes an imminent hazard. • Cite or fine employers for serious violations related to COVID-19 without having to provide 15-days’ notice. • Cite or fine employers for violations of

AB 685 worker notification provisions.

“New Rules” page 10

Hwy 1 Ramps Close During December

Multiple on- and off-ramps on Highway 1 in Aptos, Capitola, and Santa Cruz will be subject to intermittent closure beginning Wednesday, Dec. 2, and continue through the end of the year. Cooperative weather may shorten this time frame. Daytime closures will take place Monday through Friday, 9 a.m. to 3 p.m. Both the north and southbound on- and off-ramps at these interchanges will be subject to closure: State Park Drive, Park Avenue, Bay/Porter, 41st Avenue, Soquel Avenue and Morrissey Blvd.

Other ramps impacted include: Southbound Ocean Street off-ramp, northbound Ocean Street on-ramp, southbound Plymouth Street on-ramp, and northbound Emeline Avenue off-ramp.

No more than two ramps will be closed in any direction at the same time.

The ramps are being closed for installation of thermoplastic pavement markings. It’s too cold at night to work with these materials, necessitating daytime closures.

Motorists are advised to expect delays of up to 10 minutes. •••

“New Rules” from page 9

How is AB 685 different from CDPH’s COVID-19 employer guidance?

CDPH’s guidance, “Responding to COVID-19 in the Workplace for Employers,” also requires employers to notify local health departments if there are 3 or more cases of COVID-19 in their workplace within a 2-week period.

This requirement is already in effect, so employers must follow it now. The additional requirements under AB 685 go into effect on Jan. 1, 2021.

Which employers have to follow AB 685?

All public and private employers in California must follow AB 685 except: • Health facilities are not subject to AB 685 requirements for reporting outbreaks to local health departments, but must continue to follow existing reporting requirements. All other AB 685 requirements apply to health facilities, including notifying employees about potential exposure to COVID-19. • Employers of workers who provide direct care or testing to individuals with suspected or confirmed COVID-19 are not subject to AB 685 requirements.

Where can I find more information about AB 685 and COVID-19 in the workplace?

• AB 685 bill text — California Legislature

Supporting Survivors Workshop Dec. 5

Supporting Survivors Coming Forward” is a virtual workshop in the Imagine Healing Series hosted by Survivors Healing Center, from 10 to 11:30 a.m. Saturday, Dec. 5.

How can we better listen to, empower and support survivors of sexual abuse when they come forward? How can our community promote healing?

One way we can empower those who have victimized by sexual abuse is by educating individuals what they should do when someone discloses to them that they are a victim of sexual abuse.

In this online workshop, participants will have a safe place to hear survivor’s stories, ask questions and receive resources.

This workshop is on a donation basis. Sign up by going to: SurvivorsHealingCenter.org or call 831-423-7601. •••

Panetta Seeks Aid for Wine Grape Growers

On Nov. 19, U.S. Rep. Jimmy Panetta (D-Carmel Valley) and Representatives Mike Thompson (CA), Peter DeFazio (OR), Barbara Lee (CA), and Dan Newhouse (WA) announced the introduction of the 2020 WHIP+ Reauthorization Act. This bipartisan bill, introduced by members

Information webpage at https://leginfo. legislature.ca.gov/faces/billTextClient. xhtml?bill_id=201920200AB685

Requirements (AB 685) — Cal/OSHA outlines how the bill enhances their enforcement of COVID-19 in the workplace at https://www.dir.ca.gov/dosh/ coronavirus/AB6852020FAQs.html

Workplace for Employers — CDPH

“COVID-19 Update” from page 7

The safest way to gather is to spend time with people in the same household, gather virtually, or gather outdoors, according to Santa Cruz County health officials.

Anyone experiencing COVID symptoms, even mild, should be tested, health officials said, adding that if you receive a negative test, you should finish quarantining and not end early – typically 14 days after your last close contact with a person who has COVID-19.

Testing locations can be found at www. santacruzhealth.org/testing. Contact your medical provider if you have questions about your quarantine or isolation period.

Neither Capitola nor Soquel has a testing site. In Aptos, testing is available at Doctors on Duty, Twin Lakes Church from districts hit hard by wildfires, reactivates the Wildfire and Hurricane Indemnity Program Plus (WHIP+) for 2020 natural disasters, including wildfires.

The WHIP program offers critical assistance to agricultural producers, including winegrape growers, whose crops were impacted by smoke taint. Currently, WHIP only covers losses in 2018 and 2019, and this bill would extend that support to losses in 2020.

“This year, record-breaking wildfires wreaked havoc on many of our communities on the Central Coast of California. In addition to the structural damage, large swaths of our agriculture, including tons and tons of winegrapes, were tainted due to smoke exposure,” Panetta said. “WHIP+ historically has been a lifeline to producers who suffered this type of disaster. As it stands, unfortunately, the program does not cover guidance on how to respond to cases of

COVID-19 in the workplace, at https:// files.covid19.ca.gov/pdf/respondingto-covid19-workplace--en.pdfincluding strategies for transmission prevention, worker testing, contact tracing, and quarantine and isolation. 685: Definitions – CDPH definitions of terms used in AB 685. through SennecaDx.com/community and the Cabrillo College Health Center. In Santa Cruz, testing is at Sutter Health PAMF Urgent Care, Doctors on Duty, Dignity Health Medical Group, Santa Cruz Community Health, the County Health Center and the UC Santa Cruz Cowell Student Health Center. Online appointments are often required.

For information on the State framework, visit https://covid19.ca.gov/ safer-economy/.

For local information on COVID-19, go to www.santacruzhealth.org/coronavirus, call 211 or text “COVID19” to 211211. Residents may also call (831) 454-4242 between 8 a.m. and 5 p.m. Monday through Friday. n •••

COVID Cases as of Nov. 30

Aptos........................................ 182 2020 losses. Our legislation, the 2020 WHIP+ Reauthorization Act, will ensure that wine grape growers, who suffered severe losses during this unprecedented wildfire year, are eligible for these crucial payments.”

Learn more about the WHIP+ program at https://www.farmers.gov/recover/whip-plus. •••

Jobs in Santa Cruz County

Change from

Industry Oct. 2020 a year ago

Government 19,300 Down 5,100

Leisure & Hospitality 11,500 Down 2,900

Private Ed & Health 15,400 Down 2,300

Trade & Transportation 16,100 Down 1,000

Other services 4,300 Down 900

Biz & Prof. Services 10,300 Down 800

Manufacturing 6,400 Down 800

Information 500 Down 100

Financial 3,600 Up 100

Logging & Construction 4,800 Up 100

Nonfarm 92,200 Down 13,700

Farm 3,500 Down 6,700

Total 95,700 Down 20,400

••• Change from

Unemployment 7.1% a year ago

Labor force 131,700 Down 8.4%

Employed* 122,300 Down 11.8%

Unemployed 9,400 Up 88% *Includes out-of-county commuters

Source: California Employment Devel-

COVID-19 Infection Prevention Responding to COVID-19 in the

CDPH Employer Guidance on AB opment Department

Industry Guidance to Reduce Risk — Information and resources for reopening businesses and facilities safely in California at https://covid19. ca.gov/industry-guidance/ Blueprint for a Safer Economy — California’s plan for reducing COVID-19 in the state with revised criteria for loosening and tightening restrictions on activities at https://covid19.ca.gov/safer-

economy/ n Ben Lomond.............................. 34

Boulder Creek........................... 39

Capitola ................................... 126

Felton ......................................... 39

Freedom................................... 261

Santa Cruz............................ 1,008

Scotts Valley.............................118

Soquel....................................... 101

Watsonville........................... 2,480

Unincorporated ........................ 43

Under investigation................. 98

Total....................................... 4,529

Source: santacruzhealth.org •••

Most Common Exposure Sources Retired or not employed ..........................................41% Const./maintenance/nat. resources...........................24% Sales and office ..........................................................11% Management/business/science/arts.....................15%

Source:santacruzhealth.org