When 2020 rolled around, the word “coronavirus” was not even a blip on most people’s radars. That has changed dramatically in just a few short months. Business disruptions, travel restrictions, and mandatory quarantines are already a reality. So are fear and uncertainty.
Coronavirus disease 2019, or COVID-19, is an acute respiratory illness caused by a new strain of the coronavirus (a large family of viruses that are common in people and many different species of animals). An outbreak of COVID-19 was first detected in China, but has since spread to every continent except Antarctica and at least 77 countries at the time of this writing. (https://www.cdc.gov/coronavirus/2019-ncov/locations-confirmed-cases.html#map).
On January 30, 2020, the World Health Organization (“WHO”) declared the outbreak of COVID-19 a “Public Health Emergency of International Concern” and has recently raised its alert level to the highest level in terms of spread and impact. U.S. Health and Human Services Secretary Alex M. Azar II declared COVID-19 a “Public Health Emergency” for the United States in remarks given January 31, 2020.
Workplaces bring their own set of concerns, and as usual, employers must deal with multiple (and sometimes competing) concerns: employee health and safety; confidentiality; rules around medical examinations and inquiries; absence and leave policies; wage and hour issues; and others. No article can cover all the answers or even all the questions, and this is certainly not an attempt to do so. But there are some strategies for COVID-19 preparedness that employers can and should take now, and any step toward action is a helpful step away from the panic button.
Get and stay informed.
This is an emerging situation that will require ongoing vigilance. Employers should continuously consult official sources for updated health and travel guidelines concerning COVID-19:- U.S. Centers for Disease Control and Prevention (“CDC”)
- World Health Organization
- State health departments (e.g., Ohio Department of Health)
- Local health departments
- U.S. Department of State (“State Department”)
Take steps to prepare.
The following strategies include recommendations from the CDC that employers should take now to help prevent workplace exposure to respiratory illnesses such as COVID-19. Employers should review the CDC’s Interim Guidance for Businesses for more information (available here).- Employees who are ill and contagious should stay home. Employees who are ill and contagious should recover at home to avoid potentially sickening others in the workplace. All sick employees should report an absence from work pursuant to the employer’s policy. However, employers should consider not requiring a doctor’s note for employees to validate a respiratory illness or to return to work as healthcare providers may be extremely busy and not able to provide such documentation in a timely fashion.
- Separate sick employees. Employees who report to work with acute respiratory illness symptoms (i.e. cough, shortness of breath) or become sick during the day with these symptoms should separate themselves from other employees and go home immediately.
- Hygiene Etiquette. Employers should encourage proper cough and sneeze etiquette and hand hygiene by placing posters in workplace areas where employees are likely to see them; providing tissues and no-touch disposal receptacles for employee use; instructing employees to clean their hands often with an alcohol-based hand sanitizer or wash their hands with soap and water for at least 20 seconds; and providing soap and water and alcohol-based hand sanitizer in multiple locations to encourage hand hygiene.
- Housekeeping. Employers should ensure routine cleaning of frequently touched surfaces in common areas of the workplace, including countertops, doorknobs, handles, and copiers. Employers should also recommend that employees routinely clean frequently touched surfaces in their personal workspaces, such as desks, keyboards, and telephones. Employers may also make disposable wipes or other cleaning agents available to employees to reinforce these strategies.
- Business travel. Employers may consider limiting non-essential business travel. If employees are traveling for work, employees should check themselves for symptoms of acute respiratory illness (fever, cough, shortness of breath) before traveling and notify their supervisor/Human Resources if they are sick. Employees who become sick while traveling should notify their supervisor/Human Resources and promptly call a healthcare provider for advice if needed.
Importantly, employers must maintain the confidentiality of those diagnosed with COVID-19 in compliance with applicable statutes and regulations governing the confidentiality of personal health information. Employers also should not make risk determinations based on race, national origin, ancestry, disability, or any other protected class consistent with the employer’s non-discrimination policy.
Finally, employers should ensure their current medical and sick leave policies are flexible and consistent with public health guidance. Employers may also consider implementing a communicable disease policy outlining strategies to prevent workplace exposure of communicable diseases and supplying employee and management training on these strategies. Employers should consult counsel to ensure their current policies, procedures, and training programs are sufficient to maintain a safe and healthy workplace and avoid potential negative legal implications.
Avoid the panic button.
Employers should inform employees about preparedness efforts and keep the lines of communication open. There may not be an answer for every question yet, but it is critical to attempt to answer employee questions and concerns and to communicate response planning efforts.Zashin & Rich will continually monitor information from government and other official sources as it becomes available.
*Helena Oroz, an OSBA Certified Specialist in Labor and Employment Law, is a member of the firm’s Labor and Employment Groups and has extensive experience with drafting employment policies and procedures. If you have questions regarding your employment policies and procedures, contact Helena at hot@zrlaw.com or (216) 696-4441.