BACK TO WORK AFTER COVID-19
What Is My Responsibility As An Owner?
No-touch thermometers are highly effective at detecting fever.
As the country begins its return to the new normal many business owners are concerned about the difference between their responsibilities and their rights. Everyone wants to get back to work but without a vaccine COVID-19 can come back at any moment in any city. Some common questions we have found for cryotherapy businesses are:
What if an employee appears to be sick? According to the CDC “All other employees should self-monitor for symptoms such as fever, cough, or shortness of breath. If they develop symptoms, they should notify their supervisor and stay home. Employees who appear to have symptoms (i.e., fever, cough, or shortness of breath) upon arrival at work or who become sick during the day should immediately be separated from other employees, customers, and visitors and sent home.”¹
Do I have to let my employees return all at the same time? No, and a staggered return to work may be best. This will give you time to educate your employees about why screening is important and have them complete a screening questionnaire or online assessment tool that you can text to them here.
Maintain Social Distancing. Social Distancing works and is still being recommended or mandated by every State Health Department in the nation. Until it is lifted it is important to provide a work area where employees are six-feet from one another. Restrict areas where employees may gather in large numbers and encourage the use of face coverings or masks (including wearing one yourself).
Follow Professional Guidelines. The Department of Labor and OSHA have developed a PDF guide that may help you better prepare.
Best Practices For A Healthy Workplace
Employers set the standard for health and hygiene in the workplace. That includes methods to refine your business so that employees are encouraged to maintain Social Distancing.
Flexible hours and schedules. Having half of your employees work from home or telework can keep your numbers low and limit everyone’s exposure.
Sick-Leave Advances. Establish flexible policies that allows employees to stay home to care for family members or children. This can include advances on future sick leave or allowing employees to donate sick leave to each other.
What You Cannot Do
It is important that you do not show any type of different treatment (i.e., discrimination) against any employees who have survived COVID-19 and have been cleared by a medical professional. This also applies to people who may have cared for someone who might have had COVID. Many people have been tested and they should be given an open door to return to your workplace.
You cannot make someone show proof of being tested. According to the CDC “Employers should not require sick employees to provide a COVID-19 test result or healthcare provider’s note to validate their illness, qualify for sick leave, or return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.”²
You cannot discriminate against anyone based upon their country of origin. Strangely this is an issue now, but you cannot treat people differently if they have lived or traveled in a country that had a severe COVID-19 outbreak.
Can I Take My Employees’ Temperature?
Yes, but you must ask first as taking someone’s temperature is still considered a medical procedure. The U.S. Equal Employment Opportunity Commission has said “it’s legal for companies to ask employees if they have symptoms of COVID-19, such as a cough or shortness of breath, and take their temperature.”¹ Many large companies are providing registered nurses for their employees and literally asking their employees to take their forehead temperature on a daily basis until further notice. You must decide what is best for your workplace. Most employers are mandating a screening tool for employees to self implement.
Consult With Your Legal Professional
Above all if you are concerned with how you will manage a post-COVID return to work you should consult with an attorney or legal professional who is familiar with your state and city requirements. Most city health departments have already developed materials that you can use in discussing the return to work with your employees.
The above information is for educational purposes only and is not to be construed as legal advice. Before implementing any of the above items you should consult with your local governments and an attorney who is able to advice on this issue in your city.
https://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html