Part I: Your Organization Has Reopened, and Employees are Back at the Office…Now What?

As organizations begin to reopen their operations, organizations must learn how to conduct business safely for their customers, prospects, and employees. Organizations are faced with the daunting task of navigating through ever-evolving rules and regulations from federal, state, and local agencies.

Before reopening, every organization should create and implement a safety plan with the goal of (1) keeping COVID-19 out of its location, (2) stopping the spread, and (3) responding to threats/infiltration of COVID-19 in the organization. The following is a quick summary of goals every organization should consider when developing their safety protocols:

(1) Keep it out

• Create and implement policies for screening COVID, including requiring employees to undergo at-home screening before coming to the office or entry screening for temperature and symptoms; if employees exhibit symptoms or fever, require they stay home
  • If you plan to require employees to undergo viral testing, make sure that you apply the requirement to all employees entering the premises
    • Antibody testing, which tests for past infection of COVID-19, is prohibited under the EEOC as a condition of employment or re-entering the workplace
  • Set up sanitizing stations throughout the premises
  • Post signage reminding employees and others the importance of handwashing, sanitizing, and wearing a mask.
  • Have masks and face visors available for those who forget to bring them upon entry of the premises.

(2) Stop the spread

• Limit the spread or potential spread through well-informed policies, including but not limited to:
  • Social distancing measures, enhanced cleaning and sanitizing, reduce shared workspaces, permitting remote work where possible, promote wearing masks, providing employees with personal protective equipment (PPE), and limiting occupancy
  • If possible, hire a cleaning service to deep clean/to sanitize your premises

(3) Respond effectively

• Employers should react uniformly and appropriately following the existing policy and plan created with your employment attorney and/or HR professional when an employee or customer tests positive for COVID-19, has symptoms of COVID-19, or has been in close contact with a positive case.  This is especially important because your organization may be required to provide paid time off/job security while that employee is recovering COVID-19. 

It is crucial to tailor your workplace safety plan to the needs of your organization. Accordingly, we recommend you contact your employment attorney and HR professional to ensure your plan includes the relevant regulations required by federal, local, and state agencies. Effective risk management policies are essential to mitigate your organization’s exposure to liability.

COVID-19 poses several liability risks to your organizations that your insurance policies may or may not provide coverage, depending on the terms, conditions, and exclusions in your policy. For example, if an employee becomes infected with COVID-19 during the course and within the scope of employment, workers’ compensation may provide that employee with coverage.  If an employee contends that he was fired while recovering from COVID-19, employers practice liability insurance and/or directors and officers may cover this claim.  General Liability may provide coverage for clients or vendors who become infected after entering your premises.  While each insurance company writes their policies differently, working with a well-informed broker could help your organization’s placement with the right carrier and coverage.

Let us know if you have any questions or concerns. We are here to help.