California SB 1159 quarterly reminder: It's the law. What do you need to do?

As a reminder, on Sept. 17, 2020, California Gov. Gavin Newsom signed into law SB 1159, concerning workers’ compensation, the coronavirus (COVID-19) and critical workers. This new law added sections (§3212.86-3212.88) of the CA Labor Code, codifying the Executive Order signed by Gov. Newsom on May 6, 2020, and expanding the “rebuttable presumption of compensability ” for certain employees who test positive for COVID-19.

ADP® is committed to assist in keeping your company up-to-date and compliant. SB 1159 does not expire until Jan. 1, 2023. For more information on SB 1159, please review this Legal Alert.

Ongoing SB 1159 notification requirements

SB 1159 requires employers to provide written notification to their third-party administrator (Helmsman Management Services) of ALL known employee COVID-19 positive tests, whether the COVID-19 result is work-related or not.

If an employer or person acting on the employer’s behalf intentionally submits false or misleading information or fails to submit information when reporting, they may be subject to a civil penalty up to $10,000 to be assessed by the Labor Commissioner. Please be sure that your company complies with these notification requirements.

Action items:

Please note:

· Retroactive reporting (for employees who tested positive between July 6 and Sept. 16, 2020) should have already been reported to Helmsman Management Services.

· Ongoing notification (of employees who test COVID-19 positive between Sept. 17 and Dec. 31, 2022) must be submitted to Helmsman Management Services within three business days* of learning of the positive test result.

· *please go to:  https://capositivecovidtestreporting.helmsmantpa.com/dashboard

o   If you have a single COVID positive case to submit, use  this Form and do NOT use Policy # to identify yourself/company, but use the ADPTS Account #, 5-290306. 

o   If you have multiple claims to report, please use the Bulk Entry Template. Please note that you should list the ADPTS account #5-290306 in column B.