Important AB 685 Notice Update
There has been a critical change to the shared AB 685 notices as we have received additional clarification from the California Department of Public Health (CDPH).
AB 685 (new Labor Code Section 6409.6) requires all employers to provide a written notice to their signatory union that represents any exposed employees and also requires that the notice to the union contain the same information as is required in a Cal/OSHA Form 300 Log, which includes the employee’s name. However, many contractors have expressed concerns about possible HIPAA violations in disclosing the full identity of the individual infected with COVID-19.
In addition, CDPH has amended its AB 685 Compliance Guidance to advise that employers provide “the exclusive labor representative” (the union) with the same information as is provided to exposed employees and subcontractors, and goes on to clarify that employers should “not share information that could identify the affected individual.”
In light of this new information, we have attached amend draft notices. Please ensure contractors use the notice documents below for AB 685 compliance moving forward: