Established continuity plans are an essential part of a business's
reopening in a post-COVID-19 world. Expectations for success continue to rise
as more businesses reopen with safety as a top priority. With a growing list of
resources and recommendations, many employers are wondering where to start.
We partnered with the Public Agency Risk Management Association (PARMA) for
our latest Out Front Ideas with Kimberly and Mark webinar, where three
special guests joined us to discuss employer considerations for
returning to a physical workspace.
- Tim Karcz, senior risk manager at California Joint Powers Insurance
Authority
- Traci Parke, partner at Burke, Williams & Sorenson, LLP
- Chuck Pode, risk manager for Ventura County, California
Physical Workspace
There is an abundance of public health recommendations for reopening safely,
but businesses are left to develop their own policies and practices to
implement these standards. The Centers for Disease Control and Prevention has
outlined how to create a plan for implementation, including measures for
separation, social distancing, and sanitizing. Many public entities that are
reopening are requiring a site-specific plan addressing these issues before
reopening.
One of the best ways to get started on site-specific plan development is to
conduct a walkthrough of the facility, acting as one of the employees. Before
completing the walkthrough, you should know what day-to-day activities look
like, where to make necessary adjustments, and the expectations for both
employees and custodial staff. Be open to changing and revising the plan
constantly and communicating the expectation changes with employees.
Your continuity plan should include the following.
- Engineering controls, like barriers and social distancing measures
- Administrative controls, like staffing level changes
- Personal protective equipment to control transmission, like masks
- Cleaning and disinfecting procedures
- Employee training to address check-ins, health screens, social
distancing, and PPE usage
- Employee-specific guidelines to address when an employee feels ill or if
someone in their household is feeling sick
- Updated data security measures
Safety Considerations
An excellent resource for preparing a safe return to work is the Occupational Safety and Health Administration (OSHA) document 3990-03:
Guidance on Preparing Workplaces for COVID-19, which follows
standard regulatory requirements. There are six key elements listed in this
document to implement a successful reopening model.
- Develop an infectious disease and response plan. Ask
your business partners if they have any resources readily available. There
are templated resources available for what applies to your industry, but OSHA
is encouraging more personalized plans to meet your organization's needs
effectively.
- Prepare and implement basic infection prevention
methods. Basic principles include refraining from physical contact,
using a key or pen to open doors, throwing away used tissues, and not
touching your face, mouth, or nose with unwashed hands. Make these guidelines
inclusive to all employees within your industry.
- Develop policies and procedures for prompt identification and
isolation of sick people. Encourage employees to self-isolate if
they are experiencing symptoms, and have a plan in place if someone exhibits
symptoms within the workplace.
- Develop, implement, and communicate about workplace flexibilities
and procedures. Talk to your employees about their concerns
regarding leave, safety, childcare, and any other issues that may arise.
Flexibility with current policies is critical to continued success.
- Implement workplace controls. Engineering,
administrative, and protective equipment measures all need to be
addressed.
- Follow existing OSHA standards. Many existing rules
apply to current prevention methods and should be included as part of any
continuity plan.
OSHA also suggests classifying worker exposure to COVID-19 into four risk
categories: very high, high, medium, and low. The guidance document has
specific definitions for each of the following.
- Very high risk includes those exposed to known or suspected COVID-19
patients.
- High risk includes those exposed through medical services, such as first
responders.
- Medium risk includes those possibly exposed to someone who may be
infected but may not know they are infected.
- Low risk includes the majority of employees that are not required to be
around those that may be infected but could be exposed at some point.
ADA Considerations
As COVID-19 makes a more significant impact on the day-to-day lives of
employees, compliance with the Americans with Disabilities Act (ADA) may pose a
greater challenge for employers. The Equal Employment Opportunity Commission
(EEOC) has published guidance on complying with the ADA with COVID-19 in mind.
A few of the commonly addressed questions include the following.
- How much information can an employer request from someone who is
sick to protect the workforce? Typically, they cannot request
details of the illness, but because of COVID-19, they can request that the
employee disclose any symptoms related to COVID-19. The employer must keep
this information confidential.
- Can employers take employee temperatures or require health
screens before entrance into the workforce? Yes, although it can
present confidentiality issues because there is no real playbook for how to
conduct the health screens. If implementing this process, it is a good
practice to disclose this information to employees before they return to the
workplace. Specific states will require a notice of collection before
screening employees. This information will also need to remain
confidential.
- What can we do to protect our high-risk employees or any employee
who seeks health-related accommodations? ADA duties and obligations
still apply to provide accommodations for anyone with a preexisting condition
or disability that makes them particularly susceptible to COVID-19. Think
about the individual risk factors that these employees may face in the
workplace. Accommodations may vary depending on the essential functions of
their day-to-day job. Get input from the employees and their managers to
protect them. Telecommuting is highly encouraged by the EEOC and should be
seriously considered if it does not cause undue hardship for the
employer.
Listen to the full
Out Front Ideas with Kimberly and
Mark webinar on this topic. Stay tuned for more from the
Out Front
Ideas COVID-19 Briefing Webinar Series, and
view the full list of upcoming topics.