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AB-3106 School employees: COVID-19 cases: protections.(2023-2024)

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Date Published: 04/01/2024 02:00 PM
AB3106:v98#DOCUMENT

Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3106

Introduced by Assembly Member Schiavo

February 16, 2024

An act to add Part 15 (commencing with Section 9255) to Division 5 of the Labor Code, relating to safety in employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3106, as amended, Schiavo. Infectious disease: excluded employees. School employees: COVID-19 cases: protections.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified, and charges the division with enforcement of the act. Other existing law relating to occupational safety imposes special provisions on certain industries and charges the division with enforcement of these provisions.
This bill would require an employer employer, defined to be a school district, county office of education, or charter school, to ensure that COVID-19 cases, defined as persons specified school employees, who have a positive COVID-19 test, are excluded from the workplace until prescribed return-to-work requirements are met. To the extent administering these provisions imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill, with specified exceptions, would require an employer to continue and maintain an excluded school employee’s earnings, wages, seniority, and all other employee rights and benefits, including the employee’s right to their former job status, as if the employee had not been excluded from the workplace, as prescribed. The bill would require the standards board, by February 3, 2025, to adopt a standard that extends these protections to any occupational infectious disease covered by any permanent infectious disease standard adopted to succeed an existing standard for COVID-19 prevention. prevention for those school employees. The bill would require the division to enforce the bill by the issuance of a citation alleging a violation and a notice of civil penalty, as specified. The bill would authorize any person who receives a citation and penalty to appeal the citation and penalty to the Occupational Safety and Health Appeals Board.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Part 15 (commencing with Section 9255) is added to Division 5 of the Labor Code, to read:

PART 15. Infectious Diseases School Employee Protections

9255.
 As used in this part, “COVID-19 the following definitions apply:
(a) “COVID-19 case” means a person school employee who has a positive COVID-19 test that has been approved or granted an emergency use authorization by the United States Food and Drug Administration to diagnose current infection with the SARS-CoV-2 virus.
(b) “Employer” means a school district, county office of education, or charter school.
(c) “School employee” means an employee of a school district, county office of education, or charter school employed in a position requiring certification qualifications or employed in a position not requiring certification qualifications.

9256.
 (a) An employer shall ensure that COVID-19 cases are excluded from the workplace until the return-to-work requirements of subdivision (c) are met.
(b) (1) For an a school employee excluded from the workplace under subdivision (a), an employer shall continue and maintain the employee’s earnings, wages, seniority, and all other employee rights and benefits, including the employee’s right to their former job status, as if the employee had not been excluded from the workplace. Wages Both of the following apply to wages due under this paragraph are paragraph:
(A) Wages may be limited to the period in which the employee is excluded from the workplace pursuant to subdivision (c).
(B) Wages are subject to existing wage payment obligations and shall be paid at the employee’s regular rate of pay no later than the regular payday for any pay period in which the employee is excluded. Unpaid wages owed to an employee under this paragraph are subject to enforcement through procedures available in existing law. If an employer determines that one of the exceptions in paragraph (2) or (3) applies, the employer shall inform the employee of the denial and the applicable exception.
(2) Paragraph (1) does not apply where the employee received disability payments or was covered by workers’ compensation and received temporary disability.
(3) Paragraph (1) does not limit any other applicable law, employer policy, or collective bargaining agreement that provides for greater protection.
(c) COVID-19 cases with COVID-19 symptoms shall not return to work until all either of the following have occurred: conditions have been met, as applicable:
(1) Consistent with the COVID-19 Isolation Guidance updated by the State Department of Public Health on January 9, 2024, for COVID-19 cases with COVID-19 symptoms, both of the following have occurred:

(1)

(A) At least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications.

(2)

(B) COVID-19 symptoms are mild and have improved.

(3)At least 10 days have passed since COVID-19 symptoms first appeared.

(2) If the State Department of Public Health revises its COVID-19 Isolation Guidance after January 9, 2024, the return-to-work requirements in the revised guidance have occurred.
(d) By February 3, 2025, the Occupational Safety and Health Standards Board shall adopt a standard that extends the protections of subdivision (b) to any occupational infectious disease covered by any permanent infectious disease standard adopted to succeed Section 3205 of Title 8 of the California Code of Regulations. Regulations for school employees.

9257.
 The division shall enforce this part by the issuance of a citation alleging a violation of this part and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.