Senate Majority Leader Mitch McConnell (R-Ky) has announced there will be no Phase 4 COVID relief bill without protection from litigation for employers. Blanket immunity from being careless is not likely, however. Here are some common sense things to keep in mind as you bring your employees back to work.
Consider requiring employees to certify in writing they have no symptoms and to their knowledge have not been exposed to Covid-19. Require employees who have been diagnosed with COVID-19 or exposed to anyone who has, or have traveled outside of the state, to provide a release from their healthcare provider to return to work or, certify they have self-quarantined for 14 days. Don’t forget HIPPA. You cannot disclose any information about the health of any of your employees. That would include other employees.
Secure a no-contact thermometer and screen returning employees for fever every day. (Available from Amazon.com from $60 to $130 and in stock.) It is protection for your employees and your customers if you make sure your employees are not displaying symptoms.
Observe social distancing and provide masks and disposable gloves for employees when practical. (If you cannot find masks, get a process to make cloth masks online and have some employees make masks for everyone.) You may also be able to get a supply of masks directly from the city of Arlington. Like other safety equipment, you will need to convince employees they need to use PPE for their protection and the protection of your customers. Click Here to find a Center for Disease Control recommended method for disinfecting the workplace.
Your goal is to make your employees feel safe as well as be safe. The safety and health employees have to be your first concern and your employees have to believe that. “Litigation rarely comes from happy, content employees that feel heard. I cannot stress this enough – responding to this virus is a PEOPLE issue.” Brandy Austin, Brandy Austin Law Firm. (Member of the Greater Arlington Chamber of Commerce)
Texas Workforce Commission has developed guidelines that will allow some employees to remain on unemployment even though you have offered them their old job back. Be understanding. Some people are at higher risk than others. Some live with or care for people at higher risk. Some have child care issues and no other way to solve them than to stay home. Click Here to see the TWC statement on refusing to return to work.
Check out the Chamber’s Facebook live Thursday, May 14th. We will have three attorneys live discussion on how to bring your employees and customers back while limiting your liability. When in doubt, consult with your legal professional.