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EDG’s Summary of 2024 Changes to the
Covid Presumptions

As 2023 came to a close, several COVID-19 regulations expired, signaling shifts in the regulatory landscape.

Below is a summary of 2024’s key changes:

AB 1751 Rebuttable Presumptions Conclusion:

  • AB 1751, an extension of COVID-19 provisions from SB 1159, introduced disputable presumptions regarding work-related COVID-19 injuries, effective until January 1, 2024.
  • With the expiration of the presumption, COVID-19 claims post-January 1, 2024, revert to traditional workers’ compensation regulations. The burden now rests on the injured worker to prove the work-related nature of the COVID-19 injury.
  • Reporting positive COVID-19 cases is no longer mandatory for employers, except when the illness is alleged to be work-related, in which case a workers’ compensation claim should be filed.

Record Keeping and Reporting Duties:

  • Provisions from AB 685 and AB 654, requiring employer notification of COVID-19 exposure and reporting workplace outbreaks, were repealed on January 1, 2023.
  • Labor Code § 6409.6, mandating written notice to employees exposed to COVID-19 and record maintenance, were repealed on January 1, 2024.
  • Despite these repeals, employers must fulfill record-keeping and reporting obligations under Cal-OSHA Non-Emergency Standards (8 CCR § 3205).
  • Employers are required to maintain records of COVID-19 cases, including employee details, workplace location, last day worked, and positive test date, for two years (until February 3, 2026).

Reporting Duties to Local Health Departments:

  • Reporting requirements to local health departments ceased on January 1, 2023.
  • However, some local health departments, like Los Angeles County, may still enforce specific reporting requirements for COVID-19 cases within exposed groups during a designated timeframe.
  • It is still important to follow local health departments.

 

Remaining updated on these changes is vital for employers to ensure compliance with the continually evolving COVID-19 regulations and to adjust their practices accordingly.

By: Diana Tsudik

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