The policy at the heart of
AB 685 (Reyes)—that employers should notify workers and
public health authorities if there has been exposure to COVID-19
at the worksite—is one with potential to improve public health by
slowing the spread of the virus. However, as with many bills with
laudable goals, some of the bill’s provisions would have caused
significant implementation problems for those who would have to
implement it. Amendments made this week, however, mitigate many
of those concerns.
Under the previous version of the bill, employers who were
notified of possible COVID-19 exposure at a worksite would have
needed to notify all employees within 24 hours, along with union
representatives and local and state public health authorities.
The biggest problem with that requirement was that the
notification was required to be a hand-delivered notice or a
letter, and if that notice or letter would not reach the employee
within 24 hours, also an email or text. There was no exception
for worksites such as hospitals that treat COVID-19 patients,
leading to fears that hospitals, clinics, testing sites, and
others would need to mail and email every employees every day,
diverting much-needed revenue from the basic services those
facilities provide.
The most recent amendments, made this week, do not fix every
issue counties had with the bill, but they considerably mitigate
those main concerns. The bill now exempts many types of
health facilities, as well as employees who actively treat or
come in contact with people known or suspected to have COVID-19.
Furthermore, the required notification can now be satisfied by
written notice “in a manner the employer normally uses to
communicate employment-related information,” and can include an
email or text message. The notification period was also changed,
from within 24 hours to one business day from when the employer
was notified of potential exposure.
Negotiations continue on other aspects of the bill, so further
amendments are still possible, though the time remaining in the
legislative session is extremely short. This is one of three
COVID-related bills, along with workers’ compensation protections
and paid sick leave, that the Governor has indicated he would
like the Legislature to send him, so passage and signature are
fairly likely.
CSAC has been opposed to AB 685, but is now reconsidering that
position based on the amendments and the continuing negotiations.
AB 685 is currently pending on the Senate floor. If it passes, it
will return to the Assembly for concurrence of the amendments.
