HEALTH & SAFETY
FPLG COVID-19 RESPONSE
HEALTH & SAFETY
[UPDATE: November 19, 2020]
The protocals for health and safety continue to evolve based on better information on how COVID-19 spreads and affects different segments of the population.
There is also greater knowledge of what is effective or not in trying to contain or curb the spread. And with the likelihood of one or more vaccines becoming widely available and distributed within about six months, the rules for handling reopenings will significantly change from current practice.
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[UPDATE: May 25, 2020]
The standards and procedures for health and safety for the entire population (including workers in facilities that are opening up) are rapidly evolving and include a combination of federal guidelines as well as state and local mandates and rules.
This is a developing story that we will update regularly. The federal CDC just released a long-awaited set of guidelines to “open up” the nation, but they are a watered-down version of the original draft.
California’s rules are also quickly evolving as are those of local jurisdictions including input from their public health departments and other agencies.
“The coming decisions will be difficult,” cautions NPQ‘s Martin Levine. “Redesigning workplaces and service systems to be both safe and effective in the face of the virus requires guidance from public health and medical experts. The past weeks have taught us that despite the fact that their expertise should be a foundation upon which we can build , we cannot expect the Centers for Disease Control and Prevention (CDC), much less the federal government as a whole, to provide the guidance nonprofits and for-profit businesses alike need.”
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[April 6, 2020]
The issue of workplace health and safety raises many questions for employers during the COVID-19 pandemic. If a nonprofit organization is exempted from stay-at-home orders, there will be entirely different considerations than for groups that are shifting to remote, online, operations and don’t have any contact with the general public.
The applicable rules and recommendations arise from a confusing patchwork of federal, state, and local sources. They vary, also, according to degrees of “risk” inherent in a particular workplace and there are special rules in place for certain categories like healthcare.
These are complex issues with no easy one-size-fits-all answers or advice.
[H]ow does an employer or supervisor decide who may continue working remotely and who should be at the organization’s physical site?Employers should put employee health and safety first and monitor federal and regional health guidelines.
— Kathy Gurchiek, shrm. (7/7/20)
Last week, the CDC was finally allowed to issue reopening guidance “to assist directors and administrators in making (re)opening decisions.” Disappointingly, rather than the detailed 63-page set of workplace recommendations experts had been prepared to release, only six PowerPoint slides emerged [with] little specificity. Instead, they minimize the challenge of COVID-19, maximize the pressure to return to normal, and rely on state and local leaders to step into the gap.
— Martin Levine, NPQ (5/19/20)
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has adopted revised policies for enforcing OSHA’s requirements with respect to coronavirus as economies reopen in states throughout the country.
— OSHA Press Release (5/19/20)
The COVID-19 pandemic has created fault lines between workers and their employers over a host of increasingly sensitive issues: Namely, can employees be forced to report to work if they’re afraid of contracting coronavirus? And can they be fired if they refuse. The answer is complicated, labor-law experts say, and depends in large part on how risky the workplace is.
— Dale Kasler, The Sacramento Bee (3/19/20)
REFERENCES & RESOURCES
- Can I Require My Employees To Get The COVID-19 Vaccine? (November 13, 2020) Suzanne W. Overholt, Esq., Smith Amundsen
- Employers can expect OSHA to issue emergency rule for COVID-19 early in Biden administration (November 11, 2020) David Dubberly, Esq., Nexsen Pruet
- Employers Take Note: OSHA Provides Details On Most Common COVID-19 Citations (November 11, 2020) Nicolas Hulse, Esq., Fisher Phillips
- AB 685 Establishes New COVID-19 Notice Requirements for California Employers (November 10, 2020) Alexander Dunn, Esq., Foley & Lardner
- Facing Your Face Mask Duties – A List of Statewide Orders (October 29, 2020) Littler Mendelson LLP
- This Won’t Hurt a Bit: Employee Temperature and Health Screenings – A List of Statewide Orders (October 29, 2020) Littler Mendelson
- Cal/OSHA COVID-19 Guidance and Resources (October 2020) CA Department of Industrial Relation
- CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response (October 26, 2020) David Williams, Esq., Snell & Wilmer
- Federal OSHA and Its State Counterparts Make COVID-19 Safety Measures Top Priorities (October 20, 2020) Jeffrey S. Copp, Esq., Foley & Lardner
- Can Employers Require Mandatory Vaccinations? (October 23, 2020) Greenwald Doherty
- CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response (October 26, 2020) David Williams, Esq., Snell & Wilmer
- Can You Ask Employees Medical Questions During A Pandemic? The EEOC’s Guidance On Complying With The ADA During COVID-19 (October 27, 2020) Allison Sues, Esq., Smith Amundsen
- Screening for COVID-19? Update Your Protocol! (October 26, 2020) Karen Buesing, Esq., Akerman
- Rule 4: No Touching – Return to Work in the Time of COVID-19 (September 4, 2020) Alison Gabay, Esq., et al, Epstein Becker Green
- COVID-19 and Deciding Who Continues Working from Home (July 7, 2020) Kathy Gurchiek, shrm.org
- New Employer Obligations in the Age of COVID-19: Safety Policies, PPE, and Deep Cleaning (June 25, 2020) David J. Santeusanio, Esq. et al, Employee Relations Law Journal
- Mitigating Risks After Reopening in the U.S.: What to Do When an Employee Who Has Returned to the Workplace has Symptoms of, Tests Positive For or Has Been Exposed to COVID-19 (June 16, 2020) Jennifer M. Fay, Esq., et al., Goodwin Procter LLP
- Counties Statewide Can Reopen Places of Worship for Religious Services and Retail Stores (May 25, 2020), California Governor’s Office
- COVID-19 INDUSTRY GUIDANCE: Places of Worship and Providers of Religious Services and Cultural Ceremonies (May 25, 2020) covid19.ca.gov
- CDC Interim Guidance for Communities of Faith (May 23, 2020), Centers for Disease Control & Prevention
- Statewide industry guidance to reduce risk (CA) [Last updated May 20, 2020, 5:40 pm]
- READ: CDC guidance on reopening America from coronavirus stay-at-home orders (May 19, 2020) CNN
- When It Comes to Reopening, Federal Health Guidance Underwhelms (May 19, 2020) Martin Levine, The Nonprofit Quarterly
- Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (issued May 19, 2020, effective 5/26/20, rescinding earlier guidance) U.S. Department of Labor, Occupation Health & Safety Administration
- U.S. Department of Labor Adopts Revised Enforcement Policies For Coronavirus (May 19, 2020) OSHA Press Release
- Cal/OSHA Interim General Guidelines on Protecting Workers from COVID-19 (May 14, 2020) California Department of Industrial Relations
- Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19 (May 14, 2020) Brie Klytenaar, Esq. et al, Mintz Levin PC
- CDC Weakens Protective Guidelines as Need for Essential Workers Intensifies (April 16, 2020) Carole Levine, The Nonprofit Quarterly
- Toolkit: Worker Safety & Health During COVID-19 Pandemic: Rights & Resources (April 6, 2020) Deborah Berkowitz, National Employment Law Project
- Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (Updated: March 21, 2020) Centers for Disease Control & Prevention
- Cal/OSHA Interim Guidelines for General Industry on 2019 Novel Coronavirus Disease (COVID-19) CA Department of Industrial Relations
- Protecting Workers During a Pandemic, OSHA Fact Sheet 3747
- California employees fear they’ll catch coronavirus in the office. What are their options? (March 19, 2020) Dale Kasler, The Sacramento Bee