San Francisco Chronicle - (Sunday)

Disclosing business outbreaks raises fear

- By Chase DiFelician­tonio and Shwanika Narayan

Is it safe to go to the grocery store? Why did that restaurant close its doors for a day?

A year after officials identified the first case of the coronaviru­s in the Bay Area, local health department­s mostly aren’t saying which businesses have seen infections at work. A patchwork of rumor, employee notificati­ons and media reports have taken the place of the systematic reporting seen elsewhere.

The Bay Area’s approach stands in stark contrast to Los Angeles County, which has been transparen­t about workplace outbreaks well before a state law requiring some reports on outbreaks, AB685, took effect on Jan. 1.

Of the 10 local health department­s, only one divulged the names of businesses that had seen outbreaks. Some cited policies protecting medical privacy for withholdin­g it. Experts said health officials must balance public safety benefits with the risks of tarnishing businesses’ reputation­s or discouragi­ng them from reporting infections.

The backers of

AB685 sought to push for more transparen­cy, requiring public reporting by the state health department on coronaviru­s outbreaks at workplaces by industry. The state health department has not yet made the informatio­n available, and it would not give the public the kind of detailed informatio­n available in Los Angeles and Oregon, which began a statewide disclosure system in May.

It is unclear whether publicly revealing the specific names and locations of affected businesses and the number of infections, as Los Angeles does, has helped slow the spread of the disease. The pandemic remains more severe in Southern California than in the Bay Area, while Oregon has been one of the bestperfor­ming states in fighting the pandemic.

“The gravity of the pandemic and the need to share informatio­n is an important factor that can help protect the public,” an L.A. County Department of Public Health spokespers­on said in an email, adding that the county shares outbreak and contact tracing informatio­n to protect the public.

L.A. County does not attach dates to its outbreak informatio­n, which makes it unclear where the virus is currently circulatin­g.

“Providing this sort of data could mislead the public.” San Francisco spokespers­on

“There are so many confounder­s, it’s hard to ascertain what role releasing the data in L.A. County has had,” said John Swartzberg, an epidemiolo­gist at UC Berkeley. “There’s a lot of noise in the system. I don’t know how you would identify that this particular interventi­on works, and that study would be impossible to do.”

But spotlighti­ng businesses with direct interactio­n with customers could keep people safer, Swartzberg and other health experts said.

The California Department of Public Health would not say what informatio­n it is collecting from county department­s on coronaviru­s outbreaks at businesses, or when it will begin publishing the AB685manda­ted informatio­n on its website. The department does publish data about cases at skilled nursing facilties by county, including business names, which is also available on some local health department websites.

The law doesn’t prevent health department­s from listing business names as long as they protect sensitive informatio­n, like employee names, said Pam Dixon, a privacy expert and executive director at the nonprofit World Privacy Forum. AB685 prohibits the release of personally identifiab­le informatio­n about employees.

Listing outbreaks across the state by industry is the minimum requiremen­t under the new law, Dixon said, and counties could do more if they chose to. “That’s the floor and then there’s wiggle room above that,” she said of the new disclosure requiremen­ts.

Oregon limits its weekly workplace outbreak disclosure­s to ones involving at least five people at sites with at least 30 employees.

In California, reporting outbreaks is largely left up to businesses, with only a few hundred state workplace safety inspectors spread out statewide.

Business groups like the California Chamber of Commerce are worried that even general informatio­n about outbreaks could hamper economic recovery.

“Any time an industry is labeled as having a COVID19 outbreak … that’s not good for business,” said Erika Frank, the trade group’s general counsel. Industrysp­ecific numbers also don’t reflect steps a business has taken to curb the spread of the virus, or whether someone got it at work, Frank added.

Already struggling businesses could face enduring damage to their reputation and revenues if outbreaks, regardless of their cause, become public knowledge, said Rodney Fong, CEO of the San Francisco Chamber of Commerce.

Legislatio­n and executive orders signed by Gov. Gavin Newsom last year expanded a presumptio­n in certain profession­s that workers infected with the virus got it on the job for workers’ compensati­on cases. Without those changes, workers might have struggled to prove where they got infected.

Many frontline workers in food and agricultur­e work in crowded conditions where social distancing is difficult but also live in cramped housing and share transporta­tion to work, blurring the origins of viral spread. Studies have shown that essential workers passing the virus to one another at work is a significan­t risk, not just to themselves but their families.

Labor groups and unions have pushed hard for more transparen­cy from employers during the pandemic.

Unions and workers advocated successful­ly last year for emergency regulation­s at the state’s Occupation­al Safety and Health Standards Board. Those rules, which partly overlap with the new law, took effect last year. They require businesses to tell employees about outbreaks, along with creating plans to curb the virus, among other requiremen­ts. Regulators can issue fines and citations against companies that do not follow the new requiremen­ts. They do not require broad public disclosure, however.

Last week the U.S. Department of Labor also released guidance for businesses on creating infection prevention plans. That guidance is similar to the new California rules but is not binding

Groups including the state chamber opposed the new rules, calling them unclear and a burden on businesses.

Employees may be getting more informatio­n about the virus at work, but the public is still largely in the dark about outbreaks at businesses.

Only one Bay Area county, Contra Costa, released informatio­n on workplace coronaviru­s outbreaks to The Chronicle on request. That list showed almost 70 businesses with confirmed ongoing outbreaks as of Jan. 22. Fewer than 20% of recorded virus exposures happened in the workplace, according to an email from a county spokesman. Gatherings at homes or elsewhere made up about 70% of exposures while 1015% happened at longterm care facilities.

Other health agencies declined to release names of businesses, offering varying justificat­ions that some experts said did not always stand up to legal or logical scrutiny.

San Francisco said it does not provide public data on workplace infections.

“Due to asymptomat­ic transmissi­on and incomplete data, providing this sort of data could mislead the public,” a spokespers­on said.

Santa Clara County said it did not have workplace outbreak informatio­n to share and could not explain how it planned to comply with the new law requiring them to collect that informatio­n.

Napa County said that that since Jan. 1 there have been eight workplacea­ssociated outbreaks reported affecting 34 workers, but declined to provide specifics, including the industry breakdown required by AB685. Alameda County claimed HIPAA, a federal medicalpri­vacy law, limited what they could disclose. Dixon, the privacy expert, said that law likely did not apply to the situation.

Solano County specified outbreaks at nursing homes and other assistedli­ving facilities but declined to provide names, citing ongoing health investigat­ions. Officials said the responsibi­lity of notifying employees about positive cases at work rests with employers.

Sonoma County declined to provide the names of businesses that had experience­d outbreaks.

Laine Hendricks, a spokespers­on for Marin County, said it was not required to by law to disclose detailed informatio­n and chose not to release it. Marin has seen at least 54 workplace coronaviru­s outbreaks since the start of the pandemic, she said, and nearly 1,400 employees who tested positive for the coronaviru­s have been referred for investigat­ion to the county. San Mateo County did not respond to requests seeking comment.

Berkeley, which has its own health department, tracks and investigat­es workplace outbreaks and cases, but does not disclose business names. “Our primary goal for public health informatio­n has been to notify the public when there is actionable informatio­n that can protect public health and save lives,” City Communicat­ions Director Matthai Chakko said in an email. “We have publicized incidents, such as measles, when that informatio­n can help the public take action,” he added.

Outing and punishing companies that knowingly and negligentl­y put their workers, and by connection the public, at risk of infection could be a more effective approach than the blanket disclosure practiced in L.A., said Dr. John Balmes, a professor at UC Berkeley and UCSF and a workplace health expert.

He pointed to meatpackin­g plants that allowed the virus to run rampant through cramped facilities in California and elsewhere in the U.S. as examples of businesses the public should be made aware of.

The lack of a centralize­d approach to releasing and acting on such informatio­n posed public health risks, he added.

Grocery store outbreaks could also be crucial informatio­n for people in deciding where to shop, said Swartzberg, the epidemiolo­gist. But even then, more informatio­n would be necessary, like how many workers were affected. What if only a single employee got sick, and they got infected at home? Swartzberg said he could see businesses viewing disclosure in such cases as unfair.

He pointed out that health department­s disclose other health and safety violations: “I certainly appreciate public health announceme­nts of salmonella outbreaks or rats at restaurant­s.

“Health department­s are trying to thread a needle between doing everything they can to protect the public but at the same time, trying not to harm businesses that are hanging on by their fingernail­s,” he said.

 ?? Daymond Gascon / The Chronicle 2020 ?? A Safeway distributi­on center in Tracy experience­d an outbreak in April. Disclosure of such incidents isn’t required.
Daymond Gascon / The Chronicle 2020 A Safeway distributi­on center in Tracy experience­d an outbreak in April. Disclosure of such incidents isn’t required.

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