AB 685 becomes effective January 1, 2021, and employers are urged to review their COVID-19 related process and procedures NOW to ensure they are compliant. Given that employee notices, in particular, must be circulated within one business day, it is imperative that employers have their employee notice process, and their “exposed employee identification processes (Contact Tracing)” in place ahead of time.
Kiana, a leader in Real Time Location Analytics, provides a Digital Contact Tracing Platform, including the necessary software tools, analytics and processes, to achieve a safe and secure environment expeditiously. The solution provides easy to use software, techniques and procedures to identify people that have been exposed on site to an infected individual, and alert them and others to unsafe conditions. The Contact Tracing Solution is built at its core to protect a person’s sensitive data and information.
Requires all employers to take ACTION within ONE BUSINESS DAY of a “potential exposure” based on a confirmed COVID-19 Case (Qualifying Individual) in the “workplace”
Once an employee is confirmed COVID-19 positive, Kiana’s Digital Contact Tracing Platform can identify all “exposed individuals” immediately, making the ONE BUSINESS DAY turnaround easily achievable.
The “worksite” does not apply to buildings, floors, or other locations of the employer that an infected individual did not enter.
Kiana can not only identify individuals who have been exposed, but also affected areas. The entire facility need not be shut down, only the specific locations (zones) that the infected individual entered. This allows the employer to perform “surgical shutdown and cleaning“, saving time and resources.
The employer must provide notice to employees regarding the company’s disinfection protocols and safety plan to eliminate any further exposures, per CDC guidelines.
The company’s policy for closing exposed zones, cleaning, and subsequent re-opening can be communicated easily. Real-time zone alerts can be provided to management and facilities to immediately close down compromised areas, minimizing further exposures. Kiana can also provide alerts to management, security, and safety officers when an unauthorized or quarantined individual is attempting to enter affected areas.
The employer must still maintain confidentiality as required by the American Disabilities Act (ADA). The notice to employees should not reveal the identity of the COVID-19 positive person.
Kiana’s Contact Tracing Solution keeps Personal Identity Information (PII) within the employer’s control. Also, the potentially exposed employee’s information is also kept private. A report is provided for the infected individual with dates and exposure times and the location of where exposed.
Employers should have a “COVID-19 Action Plan” that identifies the workplace’s risks and determines how to control exposure through such measures as improving ventilation, social distancing and protective gear.
Social distancing violations can easily be identified by the Contact Tracing Platform’s proximity analyses. In addition, the system can alert when more than the allowed number of people are present in a particular room or area. Real time density heat maps are provided to alert management / health and safety when there is a violation of density rules.
Employers should draft and implement a separate COVID-19 Pandemic Plan that addresses all COVID-19 exposures, and identifies the employer’s manner in which to correct those exposures . The plan should include how the employer will enforce its procedures, provide training, conduct inspections, and review its processes for effectiveness.
Historical data storage and analyses provide clear documentation of exposures, enforcement of social distancing protocols, and cleaning of affected zones. Documentation is easily provided to the CDPH and other necessary organizations as required.
The building, store, facility, agricultural field, or other location where a worker worked during the “infectious period”. The term “worksite” does not apply to buildings, floors, or other locations of the employer that an infected individual did not enter.
Written Notice can be personal service, email, or text message if it can be reasonably anticipated to be received by the employee within on business day of sending.
California Department of Public Health defines the infectious period as 14 days, including, at a minimum, the 48 hours before the individual developed symptoms.