violation ” related to violating COVID-19 infection prevention requirements , while eliminating the 15-day warning period the agency previously gave for contractors to respond to potential citations .
Cal / OSHA ’ s definition of a serious violation is one where there is a realistic possibility that death or serious physical harm could result from a workplace hazard . AB 685 makes clear that potential exposure to COVID-19 , due to an employer not taking steps to protect employees , falls under that definition .
While contractors can still appeal a citation from the agency , there ’ s no longer a way to head it off before the agency takes enforcement action , which can include an “ Order Prohibiting Use ,” or work stoppage , and fines of up to $ 25,000 per occurrence .
“ It pretty much means you ’ re guilty until proven innocent ,” said Brian Mello , AGC California safety manager . “ AB 685 gives them the power to issue a serious violation without that 15-day notification and customary informal meeting to respond .”
The law has five notification requirements for contractors . Upon learning of any potential exposure in the workplace , within one business day , contractors must provide :
■ Written notice to all employees and employees of subcontractors , who were present at the worksite during the specified infectious period , which starts two days before symptoms appear and continues for at least 10 days , as well as those workers ’ unions .
■ Written notice to employees of COVID-19 benefits information that they are entitled to under applicable federal , state and local laws , such as California ’ s AB 1867 , which requires that most employers with 500 or more U . S . -based employees pay COVID-19 sick leave benefits to state workers .
■ Written description to employees of disinfection protocols and safety plans to be implemented in the impacted areas .
■ Within 48 hours , notify local health authorities of a COVID-19 workplace outbreak , defined as three or more cases in a 14-day period , including the business address and NAICS industry code of the worksite , and then provide ongoing updates .
■ Maintain written records of all employee communications regarding any incidents for at least two years , according to AGC California .
AGC California also recommends contractors immediately retain counsel if cited for a Cal / OSHA COVID-19 citation to avoid the statute of limitations for appealing a citation .
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