AB 654 is a new law that took effect on October 5, 2021 and modified California employer’s duty to notify workers of a potential COVID-19 exposure at the workplace. The new law modifies and updates AB 685 which became effective on January 1, 2021 (see our post discussing AB 685 here). The new law is a reminder for employers that while business begin to reopen and employees return to work, employers must remain diligent in regard to these ongoing COVID-19 regulations in California. Here are five key aspects of AB 654 employers need to review:
1. Employers must notify employees (1) who had a potential exposure and (2) employees who had close contact within one business day.
Employers are required to provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same “worksite” as the “qualifying individual” within the “infectious period” that they may have been exposed to COVID-19.
AB 654 adds a new requirement that employers are also required to provide a written notice to any employees who had “close contact” with the qualifying individuals. “Close contact” is defined at “being within six feet of a COVID-19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the high-risk exposure period….”
The new law defines “high-risk exposure period” as either of the following periods: “(A) For persons who develop COVID-19 symptoms, from 2 days before they first develop symptoms...
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