COVID-19
Returning to Work in a Pandemic:
A Time For Trial & Error
Reopening a business in the midst of the COVID-19 Pandemic puts owners, supervisors and employees in uncharted territory. Reopening poses a host of new challenges.
COVID-19
COVID-19 is a highly contagious virus which spreads from person to person by way of respiratory droplets formed whenever a person coughs, sneezes, shouts, sings, talks, or breathes. Infection occurs when these very small droplets are inhaled (by way of the nose or mouth), or absorbed into the body by way of the eyes.
The World Health Organization determined that COVID-19 was a global pandemic on March 11, 2020.
On March 19, 2020, the Governor of California declared a state of emergency requiring everyone not considered an essential worker to work from and shelter at home. California’s plan to reopen business’ was announced in early May 2020 and calls for a phased reopening.
Phases II and III-mark California’s entry into a time of “trial and error” where businesses learn what must be done to conduct business while keeping its employees, clients, guests, and visitors safe and COVID-19 free.
Applicable Law
Businesses which fail to address foreseeable workplace hazards are subject to fine, shutdown, the loss of and/or denial of insurance including workers compensation and/or medical insurance, premium increases, as well as possible civil liability to those who are indirectly injured.
To combat potential losses, business take a few relatively simple steps:
Since 1991, all California businesses have had to maintain a written Injury and Illness Prevention Plan (“IIPP”) addressing foreseeable workplace hazards. COVID-19 is such a workplace hazard. California law, therefore, requires that all employers, regardless of size:
- Adopt safety measures to address COVID-19;
- Amend their Injury and Illness Prevention Plans to address the risks associated with COVID-19;
- Train its employees regarding the new safety protocols and procedures; and
- Take appropriate measure to ensure compliance with its safety measures.
Document all efforts taken to, including cleaning efforts, to ensure compliance with the highest applicable standard (not the lowest).
What is now required of businesses is really no longer up for debate.
California Business Must:
- Amend their Injury and Illness Prevention Plans to address airborne pathogens including COVID-19;
- Adopt a Face Mask Policy;
- Adopt a Social Distancing Policy;
- Have every employee perform a written daily self-assessment health report;
- Complete a daily Safety Inspection Report
Businesses will also need the help of an employment attorney to help prevent potential claims and help navigate the complex privacy issues.
Should you have questions about these or any other workplace laws, please contact me at doug@dmwadelaw.com.