Related Materials: AB 685 COVID-19 Workplace Outbreak Reporting Requirements for Local Public Health Departments | AB 685: Employer Guidance on Definitions | More Employees & Workplaces Guidance | All Guidance
AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. This law:
Upon identifying a COVID-19 case in the workplace, you need to provide the following information:
Information about benefits & optionsYou 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.
A disinfection & safety planYou 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.
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 hand delivered 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.
You must report COVID-19 outbreaks to the local health department. For non-healthcare 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.
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.
Under AB 685, a COVID-19 case is someone who:
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.
AB 685 allows Cal/OSHA to:
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 January 1, 2021.
All public and private employers in California must follow AB 685 except:
 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.
 At time of writing, this includes nucleic acid (PCR) and antigen tests.
 An Order Prohibiting Use 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.
 As defined in Health & Safety Code section 1250
Originally Published on October 16, 2020