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Open for Business in a Pandemic: = Guidelines for=20 How to Safely Reopen and Maintain a Business
- Fede= r,=20 Michael N. = Westergard,=20 Brooks T. =20 =20
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Industry Alerts =
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States across the nation have started to relax = government-ordered=20 closures and stay-at-home directives related to the novel coronavirus=20 (COVID-19). Depending on the state, businesses such as surgical centers, = dental=20 offices, restaurants, movie theatres, gyms, golf courses, and salons = will be=20 allowed to reopen soon, or have already been allowed to resume = operations.=20 However, regardless of the type of business, each state that has moved = toward=20 reopening its respective economy has mandated that businesses take the = necessary=20 precautions to protect the public and to avoid a resurgence of COVID-19 = in the=20 community.
In anticipation of our nation=E2=80=99s gradual reopening, businesses = will likely=20 face numerous questions as they navigate issues that arise after they = resume=20 business operations. The following will address the safety guidelines = businesses=20 should adhere to when considering resuming operations.
Plan for=20 Safety
The CDC has emphasized that businesses and employers should = plan to=20 respond in a flexible way to varying levels of disease transmission in = the=20 community and be prepared to refine their business response plans as = needed.=20 According to OSHA, most American workers will likely experience low or = medium=20 exposure risk levels at their job or place of employment.[1]=20 However, in preparing a plan to reopen, businesses should strive to = achieve the=20 following objectives: (1) reduce transmission among employees, (2) = maintain=20 healthy business operations, and (3) maintain a healthy work = environment. The=20 CDC recommends that, in striving to achieve these directives, businesses = should=20 coordinate with state and local health officials so timely and accurate=20 information can guide appropriate responses.
1. Reduce = Transmission=20 Among Employees
One of the primary goals of businesses = preparing=20 to resume operations is to take active steps to reduce transmission of = COVID-19=20 among employees. The CDC has offered the following guidelines to achieve = that=20 goal:
- Actively encourage sick employees to stay home
- Identify where and how workers might be exposed to COVID-19 = at=20 work
- Separate sick employees
- Educate employees about how they can reduce the spread of=20 COVID-19
2. Maintain Healthy = Business=20 Operations
The plan businesses implement to safely = resume=20 operations should also take into consideration how businesses will = continue to=20 maintain healthy business operations while remaining in compliance with = federal=20 and state guidance regarding the mitigation of the spread of COVID-19. = The CDC=20 has offered the following steps to achieve that goal:
- Identify a workplace coordinator who will be responsible for = COVID-19=20 issues and their impact in the workplace
- Implement flexible sick leave and supportive policies and=20
practices =20
- The CDC advises that employers should not require a = positive=20 COVID-19 test result or a healthcare provider=E2=80=99s note for = employees who are=20 sick to validate their illness, qualify for sick leave, or return to = work,=20 as requiring such documentation may impede operations of overwhelmed = health=20 care providers
- Assess essential functions and the reliance that others and =
the=20
community have on services and products =20
- The CDC advises that businesses should (1) be prepared to = change=20 business practices if needed to maintain critical operations, (2) = identify=20 alternate supply chains, and (3) communicate with business and = supply-chain=20 partners to share best practices
- Determine how the business will operate if absenteeism = spikes from=20 increases in sick employees, those who stay home to care for sick = family=20 members, and those who must stay home with children who are unable to = attend=20 school or childcare programs
- Implement protocols to continue social = distancing
3. Maintain a Healthy Work=20 Environment
Finally, the plan businesses = implement=20 should include considerations regarding how employers will maintain a = healthy=20 work environment once operations resume. In furtherance of that goal, = the CDC=20 has offered the following guidelines:
- Consider improving the engineering controls using the = building=20 ventilation system by increasing ventilation rates and increasing the=20 percentage of outdoor air that circulates into the system
- Support respiratory etiquette and hand hygiene for =
employees,=20
customers, and worksite visitors =20
- The CDC advises that businesses should (1) provide tissues = and=20 no-touch disposal receptacles, (2) provide soap and water or an=20 alcohol-based hand sanitizer that is at least 60% alcohol, (3) place = hand=20 sanitizers in multiple locations to encourage hand hygiene, and (4)=20 encourage the use of non-contact methods of greeting, instead of=20 handshaking
- The CDC also recommends that businesses should advise = employees to=20 (1) continue to practice active social distancing (specifically, = staying six=20 feet away from others when you must go into a shared workspace), (2) = avoid=20 touching eyes, nose, and mouth, and (3) wear cloth face=20 coverings
- Perform routine environmental cleaning and = disinfection
- Perform enhanced cleaning and disinfection after persons = suspected=20 or confirmed to have COVID-19 have been in the workplace
- Discourage unnecessary travel
- Reduce or eliminate in-person meetings and other=20 gatherings
State-by-State = Guidelines:=20 An example from Nevada
While the guidelines offered by the CDC are meant to apply to a = wide=20 variety of businesses and only represent best practices, businesses = should=20 prepare to adhere to any guidelines promulgated by their state and local = governments, and by any regulatory agencies that govern their=20 business.
On April 28, 2020, Nevada Governor Steve Sisolak issued an = emergency=20 directive which at the same time extended Nevada=E2=80=99s stay at home = order that was=20 already in place, and eased some restrictions that were ordered through = previous=20 directives. For example, the Governor=E2=80=99s directive now allows = nonessential retail=20 businesses to resume retail sales on a curbside or home delivery basis, = and=20 allows certain recreational facilities to reopen, including golf courses = and=20 tennis courts. The directive also requires the Nevada Occupational = Safety and=20 Health Administration to ensure that all reopening nonessential = businesses=20 provide adequate protections and adopt sanitization protocols that = minimize the=20 risk of spreading COVID-19 in the workplace. The Governor also announced = relaxed=20 restrictions on certain medical, surgical, and dental = procedures.
Interestingly, the Governor=E2=80=99s directive also grants the = authority to=20 the Nevada Gaming Control Board (the =E2=80=9CBoard=E2=80=9D) to allow = gaming operations to=20 resume when the Board determines those operations can resume safely. = This grant=20 of authority comes on the heels of the Board=E2=80=99s Policy = Memorandum, issued on=20 April 21, 2020, which provides that Nevada gaming licensees must = establish and=20 submit to the Board a =E2=80=9CReopening Plan=E2=80=9D at least seven = days before reopening=20 occurs or as soon as reasonably possible thereafter. In addition to the = guidance=20 provided by the Board, the Nevada Health Response has already issued = guidelines=20 for reopening golf courses[2]=20 and retailers engaging in =E2=80=9Ccurbside commerce.=E2=80=9D[3]
The lesson from Nevada is any business that is, or will soon = be,=20 allowed to resume operations should take care to comply with any state, = local,=20 or government agency guidelines that are promulgated to mitigate the = spread of=20 COVID-19 and protect the community as we ease back to normalcy. Strict = adherence=20 to federal, state, and local guidelines for reopening businesses should = reduce=20 the exposure to potential liability resulting from resuming operations.=20
Dickinson Wright PLCC is a national law firm with attorneys = across the=20 country that are ready and able to answer any questions business owners = and=20 employers may have as they plan to resume business = operations.
[1]=20 See OSHA=20 guidance for employers for more information about job risk=20 classifications.
[2]=20 For more information, see https://nvhealthresponse.nv.gov= /wp-content/uploads/2020/04/Guidance-Best-Practices-for-Golf-4-29-2020.pd= f
[3]=20 For more information, see https://nvhealthresponse.nv.gov/wp-content/uploads/2020/04/= 04.29-curbside.pdf