Now that the COVID-19 virus is in our community, employers need to understand their legal duties with respect to it. OSHA requires employers to provide a safe and healthful workplace. So, how can employers do this in the midst of this COVID-19 outbreak?

First, employers should review the CDC’s Guidance on Preparing Workplaces for COVID-19. It contains a comprehensive analysis of how the outbreak can affect the workplace, how to evaluate workplace risk, and recommended steps to prevent and/or contain any outbreak in the workplace. The CDC has two similar resources here. 

Second, employers should consider sending an all-employee communication that says something along the following lines:

We are closely monitoring the COVID-19 outbreak. While we realize this is a time of uncertainty, we want you to know that we continue to take proactive steps to ensure that your workplace is safe. As you may have seen we have [DESCRIBE STEPS TAKEN SO FAR]. And, we also intend to [INSERT ANY ACTIONS ABOUT TO BE TAKEN].

However, our ability to provide a safe workplace requires your help. While we know you all have heard the following many times by now, we ask that you:

·           Stop shaking hands.

·           Clean your hands when you get to work and regularly wash your hands at work (20 seconds or longer!).

·           Avoid touching your face.

·           Cover coughs and sneezes (preferably with a tissue).

·           Disinfect surfaces you use (like your desk) regularly with the wipes provided.

·           Do not share food with or handle food for others.

We also ask that, for now, you work with your supervisor to delay or cancel any business-related travel for the next 30 days and that you advise your manager or Human Resources if you plan to travel to any destination with an active COVID-19 outbreak so that we can evaluate, what if any, risk your travel poses may pose to the workplace. Travel to such areas may result in our requesting that you work remotely for 14 days after your return.

Most importantly, if you (or someone you have had close contact with) are sick or start experiencing symptoms of possible illness, we ask that you notify your manager of such and stay home. The CDC has stated that the symptoms of COVID-19 include fever, cough, and shortness of breath. 

If you have any questions about our response to this issue or you have questions about whether you should remain at home, please promptly contact Human Resources.

And finally, employers must decide how to address days off due to employee illness or quarantine. Will employees be required to use their accrued sick, vacation, or other paid time off for these sorts of absences? What happens if an employee has no accrued time available? Will all leave be unpaid under those circumstances? Will there be increased risk to the workplace if an employee feels pressured to work even when sick in order to not lose pay? Will these absences count towards any absence control policies (e.g., points-based absence programs), incentive plans that have good attendance as a criteria, etc., or will compliance be waived or adjusted for these circumstances? Each of these questions will need to be evaluated in light of the employer’s personal situation.

Given that workplace issues with regard to COVID-19 are rapidly developing, we encourage each of you to regularly check the CDC’s website . It continues to contain a wealth of updates and resources for navigating through this challenging time.

This article is for informational purposes only and should not be considered legal advice. Please consult with legal counsel to determine how a law or proposed law applies to any particular situation.

Written by Christie Newkirk and Shelby Taylor, Labor & Employment with Diamond McCarthy, LLP