As businesses and organizations seek to reopen during these trying times, they face a bumpy road when it comes to navigating a plethora of unforeseen legal challenges. The Occupational Health and Safety Act requires all employers to take reasonable measures to protect their workers from workplace injury and disease. Businesses need to be able to return safely and responsibly as they reopen their doors or welcome back employees who had previously been working remotely. It is imperative companies take whatever measures are needed to reduce the risk of Covid-19 transmission. All businesses and organizations also have to abide by the applicable laws unique to their state and local area and, without clear-cut plans, employers can place themselves and their employees in legal jeopardy.
The spread of coronavirus presents some unique challenges to employers, their employees and the clients they serve. Employers have proactive responsibility to minimize risk and maintain a safe workplace. Business owners should research what the health and safety standards are in place for your particular industry. Employers should reach out to their local health organizations for best practices and pandemic mitigation steps required or recommended by law. If someone is sick, what requirements do you or they have to share that illness with employers and other employees? Recently we have seen some social media stories about individuals who were exposed to the virus by coworkers but were not properly informed they had the illness. Does the failure to provide information like a virus illness by a colleague or possible exposure to others on staff provide significant risk to your business and how can you minimize it?
Employers who seek to reopen their business will have to put in place well-defined and clear educational programs for their employees. As a business or organization returns to a full, phased or partial reopening, communication networks must be established to make sure employees and clients receive timely information about changes in policy or concerns. It is important that employers investigate and plan for the possible impact certain uncontrollable actions may have on their staffs. How many employees cannot work if schools are shut down, childcare is lost, or public transportation disappears? Making accommodations for these employees is important and possible work from home scenarios should be an option.
Every employer must put in place procedures for their high-risk employees once they return to work and be sensitive to the needs of working parents. Some industries like restaurants and hair salons have governing boards that have set clear and well-defined guidelines, while others have been very vague about the manner a business or organization may return to work. Business leaders might be tempted to choose what is financially better for their organization than what is better for their employees. This is where conflict can arise and tensions grow between employer and employees. Who in the organization mitigates those differences and what are the solutions when employer and employees disagree to agree?
All employers and organizations should have one designated staff member who serves as the pandemic officer and, depending on the size of the organization, additional pandemic support staff with well defined areas of responsibilities. The business owner and the employees need to have someone who can quickly settle disputes raised about health and safety issues in order to return to work efficiently. You do not want a system where these situations require the employer and employee to seek legal intervention or look to a government agency to get resolutions. Every employer and employee should be asking what could be done to make the working environment safer?
So, what can you as an employer do to provide a safe and healthy environment for your employees? Establish a protocol for daily or hourly cleaning of work stations, kitchen areas, bathrooms, shared facilities and equipment, door handles etc. It is important for employers to provide disinfectant and cleaning supplies like hand sanitizer, soap and tissues. Some businesses have installed vapor barriers where face-to-face interactions occur or have working stations located in densely populated locations.
There are certain protocols we can follow that have been widely recommended. When possible, get testing for any employee who exhibits symptoms of the illness. Wash and sterilize your hands frequently with soap and warm water. Avoid shaking hands, maintain social distance, wear a mask, and use video conferencing instead of face-to-face or large group meetings when possible. Refrain from touching your nose, mouth and eyes and cover your mouth when coughing or sneezing with a tissue or elbow. Take the temperatures of employees upon their arrival at work and ask them to stay home if they are feeling sick. Reduce and avoid unnecessary travel and contacts with visitors. Most of all, stay up to date on best practices for reducing the transmission and spread of the disease. You can do this on your local and state health department websites as well as OHSA and the Center for Disease Control websites.
The most controversial measure of all of these actions employed by many organizations is whether to require employees and customers to wear a mask. If a business requires customers to wear masks, the employees need to be ready to enforce it. They place themselves in possible legal jeopardy anytime they publicize a policy without fully enforcing it. Organizations like Costco have seen a required mask policy readily accepted by the majority of their membership. But not all organizations that require mask use have had such positive customer reactions, although most consumers have stated they prefer a business that requires masks. Any policy requiring masks must be clear, concise and enforced. And the policy must be developed with customers in mind. It is important to remember the perception your customers will get from your policy as well as the reality of its implementation. At the bare minimum, follow industry standards when it comes to this issue.
Employees perform critical roles for your business. If they become ill and unable to do that, your company will suffer. And customers are the people who will determine whether you will stay in business. That’s why short cutting safety is short-sided. Consult your legal counsel if you have questions about your obligations under the law.
BY ROGER INGLES MAY 28, 2020
Executive Management Partners LLC 