COVID-19: Guidance for Employers...and Everyone Else

UPDATED 3.18.2020

Sturgill Turner has compiled the below information and links to help navigate the COVID-19 coronavirus, and help clients quickly access the most up-to-date and relevant information about dealing with the coronavirus and its possible impact on business operations.

For specific legal advice, please contact any of the firm’s attorneys for assistance.

Resources:
CDC: www.cdc.gov/coronavirus/2019-ncov/
Kentucky: https://chfs.ky.gov/agencies/dph/pages/covid19.aspx
World Health Organization: https://www.who.int/emergencies/diseases/novel-coronavirus-2019

OSHA: https://www.osha.gov/SLTC/covid-19/
Unemployment Guidelines (Kentucky): kcc.ky.gov
Unemployment Guidelines (Fed.): https://www.dol.gov/newsroom/releases/eta/eta20200312-0

“THIS IS AN EMERGING, RAPIDLY EVOLVING SITUATION.” (US CDC)

WHAT WE KNOW TODAY:

The CDC says it is aggressively responding to the global outbreak of COVID-19 and community spread in the United States. CDC’s “All of Community” approach is focused to slowing the transmission of COVID-19 and reducing illness and death, while minimizing social and economic impacts. 

More cases of COVID-19 are identified daily. As widespread transmission happens, it is seriously impacting public health and health care systems and their workers as well as schools, workplaces, and critical infrastructure such as law enforcement, emergency responders, and mass transportation.

Bottom Line:

“It’s up to everyone, especially employers, to do their best to protect their employees and businesses as this situation develops. The CDC advises that all employers be ready to implement strategies to protect their employees from infection and ensure ongoing operations to the extent possible.”

Read more: www.cdc.gov/coronavirus/2019-ncov/

PREVENT AND PLAN AHEAD

CDC guidance for employers to prevent workplace exposure to COVID-19 and plan for the possibility of widespread community outbreak makes the following recommendations:

PREVENTION

  • Urge employees with symptoms of an acute respiratory illness to STAY HOME and not return to work until they are free of fever, signs of fever and any other symptoms for at least 24 hours without use of fever-reducing medications.

  • Encourage frequent hand-washing with antibacterial soap and the use of alcohol based hand sanitizer.

  • Put up posters in the workplace that emphasize the essentials — staying home when sick, using respiratory etiquette (cover your cough and dispose of used tissues immediately), practicing good hand hygiene at work, avoid touching the mouth, eyes or nose.

  • Place tissues, “no-touch” receptacles for disposing of them and alcohol based hand-sanitizer at multiple locations in the workplace.

  • Separate any employee who appears to have an acute respiratory illness (bad cough, bad cold, chest congestion, flu like symptoms), and send them home immediately.

  • Perform routine cleaning of all frequently touched surfaces such as work stations, telephones, doorknobs, kitchen equipment, copiers, computer keyboard and mouse.

  • Provide disposable antibacterial wipes for employees to use at their workstations.

  • If an employee is working at home as a preventative measure, or is confirmed to have COVID-19, inform your other employees of their possible exposure to the disease, but DO NOT identify the affected employee to his/her co-workers and maintain confidentiality as required by the Americans with Disabilities Act.

  • Instruct employees working at home to self-monitor for signs of acute respiratory illness and to seek medical care if they develop any signs.

  • Traveling? Check the CDC’s Traveler’s Health Notices for the latest guidance and recommendations; to check themselves for symptoms of acute respiratory illness before they begin any trip and to not travel if they are ill; and to notify their supervisor if they become ill while traveling and immediately see a health care provider.

PLANNING AHEAD

The CDC advises that all employers be ready to implement strategies to protect their employees from infection and ensure ongoing operations to the extent possible.

Have policies and procedures for responding to a communicable disease outbreak and implement and enforce them uniformly. These include:  

  • Protocols to identify essential business functions and critical elements of operation and establish a plan for continued operations with increasing employee absenteeism. Be sure to take into account the likelihood that schools and daycares are closed, impacting the ability of employees with school-age children to come to work.

  • Ensure policies and procedures are flexible depending on variables such as severity of the outbreak, increasing absenteeism, public health official recommendations, and are consistent with state and federal workplace safety and non-discrimination laws such as the EEOC, OSHA, and ADA.

  • Allow employees to work from home if feasible.

  • Keep any documentation of an employee’s illness or potential illness in a secure and confidential location separate from their personnel file.

  • Send employees with signs of acute respiratory illness home and give them time off from work.

  • Establish a process to communicate information with employees and customers, clients, and vendors about your Outbreak Response Plan and latest public health information regarding the COVID-19 information outbreak.

It’s up to everyone, especially employers, to do their best to protect their employees and businesses as this situation develops. Our Employment and Healthcare law attorneys can help you review your own policies on personal leave, wage and hour issues and other pertinent needs to protect you, your business, and your employees and community.

This article is intended as a summary of federal guidelines on the COVID-19 outbreak, and does not constitute legal advice.

Healthcare, MedMal, SCW, Employment, Government, HigherEdAnn Mary QuarandilloArticles