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COVID-19 Return-to-Work Checklist from = an=20 Employment Law Perspective
- Burr= ell,=20 Aaron V. =20 =20
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Industry Alerts =
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As employers attempt to return to workplaces in the midst of the = COVID-19=20 pandemic, there are a number of considerations they must be mindful=20 of. Indeed, among other things, employers must be = sure to=20 establish a COVID-19 response plan, refine their communications and = policies,=20 examine travel policies, and ensure compliance with state and federal = leave=20 laws. Employers must also remain cognizant of their obligations under = the=20 General Duty Clause of the Occupational Safety and Health Act (OSHA) of = 1970, 29=20 U.S.C. =C2=A7 654(a)(1), which requires employers to provide = =E2=80=9Cemployment, and a place=20 of employment, which are free from recognized hazards that are causing = or likely=20 to cause death or serious physical harm.=E2=80=9D = Below is a=20 checklist of issues employers should be mindful of.
1. Stay Informed
=C2=A8Continue=20 to monitor the Centers for Disease Control, World Health Organization, = and OSHA=20 websites for insight relative to navigating COVID-19 issues for = employers.
2. Create and Implement a Response and=20 Communication Plan
- Teleworking policies and staggered schedules, which may be = effective at=20 increasing the physical distance among employees.
- Availability of company vacation and standard paid-sick leave = under=20 company policy.
- Employee anxiety and misinformation.
- Who employees should contact for further information.
3. Create and Implement a Safety Plan
- Promote hand hygiene=E2=80=94frequent handwashing for all = employees, visitors, and=20 customers.
- Provide soap and water (or hand sanitizer with at least 60% = alcohol) where=20 possible.
- Encourage respiratory etiquette, including covering coughs and=20 sneezes.
- Provide tissues and trash bins.
=C2=A8Ask=20 employees who have been exposed to COVID-19 or traveled to a high-risk = location=20 to work from home for an incubation period of 14 days.
4. Consider Leave Options
=C2=A8To=20 avoid layoffs, consider adopting part-time programs, which may allow = employees=20 to be eligible for partial unemployment insurance benefits.
5. Consider Confidentiality
- Inform other employees of any possible exposure, but keep the = identity=20 of infected employees confidential.
- (1) Results must be kept separate from personnel file.
- (2) Maintain confidentiality of temperature results.
- (3) You may disclose the name of an employee that has tested = positive for=20 COVID-19 to a public health agency.
6. Consider Workers=E2=80=99 Compensation Issues
=C2=A8The=20 law remains unsettled relative to workers=E2=80=99 compensation and = COVID-19.It is=20 advisable to remain abreast of developments.
- There are questions as to whether COVID-19 will be considered an = =E2=80=9Cordinary=20 disease of life,=E2=80=9D which generally will not be = covered.
- Will the employee be able to demonstrate that he or she contracted = the=20 virus during the =E2=80=9Ccourse of their employment.=E2=80=9D
- Will the employee be able to demonstrate whether the contraction = =E2=80=9Carose=20 out of=E2=80=9D their employment.
- Did the position present the employee with an =E2=80=9Cincreased = risk=E2=80=9D of=20 contracting COVID-19?
7. Remain Cognizant of Anti-Discrimination/Anti-Harassment=20 Policies