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

What 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:

Review the outlined process within the Helmsman Management Services Process/ FAQ’s.

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.
• * Use this form to provide the above information to Helmsman.

* Email the completed form to CACOVID19Tracking@helmsmantpa.com.

We’re here to help

We understand that navigating COVID-19 as an employer in CA can be a challenge. We tried to take some of the work out of it for you by creating a 'California COVID-19 Scenario Flowchart.’ It provides step-by-step recommendations for the most common situations. Here’s how to access it.

Here's how to access it.

1. Log in to ADP TotalSource®.
2. Go to Resources.
3. Under Company Information, go to TotalSource Forms Library.
4. Click on the dropdown titled Workplace Safety.
5. Select the document named 'California COVID-19 Scenario Flowchart.'

Please contact your Risk and Safety Consultant with any questions. We are here to support you!