Guidance for Kids ‘R’ Kids Centers On The Novel ... Phillips... · fisherphillips.com ON...

Fisher Phillips Coronavirus PresentationMarch 4, 2020

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Presented by:D. Albert Brannen

Direct: (404) [email protected]


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Guidance for Kids ‘R’ Kids Centers On The Novel Coronavirus (COVID-19)


Direct: (404) 240-4235 | [email protected]


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Introductory Remarks

• Do not panic

• Constantly update communications

• Address stakeholders concerns: employees, students, family & public

• Continue to follow developments


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Background

• Individuals in 47+ countries affected

• First outbreak detected in December in China

• Not yet declared a pandemic

• Good news- Not widespread in US

- Majority of individuals recover

• First possible U.S. community transmission of virus confirmed 2/27/20

• Employment & school actions similar for other communicable diseases


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Put Coronavirus In Perspective

• 18,000 people in U.S. died from flu in past year

• 774 people died from SARS in the 2003 outbreak

• 6 people in the U.S. have died from COVID-19


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Locations With Confirmed COVID-19 Cases


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Scientific Background

• Coronaviruses can cause:- Fever

- Congestion & respiratory problems

- Runny nose & sore throat

- Gastrointestinal issues (sometimes)

• Spread through:- Coughs and sneezes

- Touching a surface containing virus and touch your mouth

- 1 person can spread to 2 or 3 others


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Scientific Background

• Older people and those with chronic conditions more vulnerable

• 1 of 6 infected may have trouble breathing and be seriously ill

• Many people (80%) recover without treatment

• Incubation period believed to be 2-14 days

• Virus may be spread prior to showing symptoms

• Public health officials are developing diagnostic tests


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Are Masks Effective?

• According to WHO, face masks are necessary only if treating someone who is infected with coronavirus

• Masks are likely not necessary to protect most employees’ health

• Best defense is simply to wash your hands


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Rules Governing Use Of Masks

• No need to require mask in childcare setting

• No need to provide masks to employees in childcare setting

• Generally not required to allow workers to wear masks at work- Absent recognized disability

- Absent occupational exposure


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Action PlanFor Centers That Do Not Have COVID-19

Identified In Their Community



Review Your Documents

• Staff Handbook

• Family Handbook

• Safety Manual/procedures

• Enrollment Agreement

• Teacher Offer/Contract

• Posters

• Insurance Policies/Plans

• Other Communications


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Get Your Policies In Order

• Communicable Diseases

• Absenteeism/Tardiness

• Sick Leave/Vacation/PTO

• Medical Leave

• STD/LTD

• Employee Loans

• Electronic Communications/ Social Media

• Telecommuting

• EAP



Review Basic Safety Practices/Education

• Plans should include strategies to reduce spread of disease

• Emphasize common-sense preventive actions for students/staff- Covering coughs and sneezes; discarding tissues

- No spitting

- No sharing of food & drinks

- Cleaning frequently touched surfaces

- Washing hands properly and often using

- Soap and water for at least 20 seconds or

- Hand sanitizer containing at least 60% alcohol

• Wellness education


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Educate Yourself:Consult Guidance for Businesses and Employers

• CDC

• WHO

• DHS

• State Department

• OSHA

• EEOC

• SHRM

• Many other sources!



Many Fact Sheets/Posters Available


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Many Fact Sheets/Posters Available



Explore “Social Distancing”

• Ensure students and staff who become sick at the Center or arrive sick are sent home as soon as possible

• Keep sick students and staff separate from well students and staff until they can leave

• Avoid close contact with sick persons

• Limit interchange of groups of staff/students

• Remote work/telecommuting where possible

• Consider self-quarantines as appropriate under the circumstances


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Create Communications Plans For Use With Stakeholders

• Stakeholders include: staff, students and their families

• Tailor messaging

• Be as pro-active as possible under circumstances

• Provide baseline education

• Establish a point of contact and channels for reporting concerns

• Include information about steps taken by Center to prepare and how additional information will be shared

• Consider requiring “self-reporting” of trips to affected areas



Monitor Absenteeism

• Alert local health officials about large increases in absenteeism

• Encourage students and staff to stay home when sick

• Stop using perfect attendance awards and incentives

• Identify critical job functions and positions

• Plan for alternative coverage by cross-training staff

• Determine level of absenteeism that will disrupt continuity

• Review your policy


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Grant Leaves of Absence

• Be aware of FMLA protections

• Consider state leave laws, if any

• Absent legal requirements, provide medical leave

• Leave should not jeopardize employment

• Consider alternative sources of pay



Must We Keep Paying Staff Who Aren’t Working?

• Generally, no

• Different rules apply to salaried exempt employees

• Different rules apply to workers on fluctuating rate pay plans


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Unemployment May Be Available

• Depends on facts and state law

• Some states have procedure for “mass layoffs”

• May be available with pre-emptive layoff

• May not be available if employee is infected

• May not be available when employer pays wage replacement



Respect Confidentiality

• ADA requires confidentiality

• Exceptions where “direct” threat exists

• Family Educational Rights and Privacy Act (FERPA) confidentiality rules don’t apply to private schools


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Enhance Environmental Cleaning

• Deep clean frequently-touched surfaces

• Provide disposable wipes so surfaces can be wiped down by students and staff before each use



Review Food Service Operations

• What additional measures can you take?

• Eliminate open buffets or bars

• Use disposable serving ware

• If you have candy dishes or snacks available, use single servings

• Provide anti-microbial gels and disposable wipes

• Review procedures for birthday celebrations/parties


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Review Field Trips

• Consider cancelling outings & field trips

• But check any cancellation rules/penalties

• Review contracts with outside vendors

• Review consent form for outings & trips

• Review rules & forms for chaperones



Can A Center Require All Employees To Take A Flu Vaccine?

• No

• Exemptions based on a disability or religious beliefs may apply

• Centers should consider encouraging employees to get a flu vaccine


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What If Staff or Families Travel to Infected Areas?

• Employer can only require medical evaluation if job-related and consistent with business necessity

• ADA allows employer to request medical information or examination when it has reasonable belief, based on objective evidence, that employee poses “direct threat” because of medical condition




• You may not:- prohibit personal travel abroad by staff or

families, including pregnant employees or those with a medical condition

- require systematic or routine screening

- require medical examination without a reasonable belief, based on objective evidence, that employee poses “direct threat” because of medical condition


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• You may advise staff and families to take proper precautions

• You may ask employees to:- stay home if they went to an infected area

- stay home if they exhibit symptoms of COVID-19 or flu

- get medical attention and be tested for COVID-19

- Reveal why they missed work and, under most circumstances, to leave work

• Balance the risks!



Can Employees Refuse to Work?

• NLRA allows employees to “engage in concerted action for their mutual aid and protection”

• Under OSHA, employees can only refuse to work when a realistic threat is present

- Travel to China meets this threshold

- Working around other people or the public does not meet threshold

- Exception would be requirement to clean up or be exposed to blood or other bodily fluids as part of their regular job without bloodborne pathogen training, proper personal protective equipment and exposure control plan


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Can An Employee Refuse To Work?

• Employee’s right to refuse to do a task is protected if:- Employee asked employer to eliminate danger and employer failed to do so;

and

- Employee refused to work in “good faith” (genuinely believing imminent danger exists); and

- Reasonable person would agree there is a real danger of death or serious injury; and

- Not enough time to correct hazard through regular enforcement channels.

• At this point in the outbreak, these conditions are likely not met.



ADA-Compliant Pre-Pandemic Employee Survey

In the event of a pandemic, would you be unable to come to work because of any one of the following reasons:

• If schools or daycare centers were closed, you would need to care for a child;

• If other services were unavailable, you would need to care for other dependents;

• If public transport were sporadic or unavailable, you would be unable to travel to work; and/or


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ADA-Compliant Pre-Pandemic Employee Survey

• If you or a member of your household fall into one of the categories identified by the CDC as being at high risk for serious complications from the pandemic influenza virus, you would be advised by public health authorities not to come to work (for example, pregnant women; persons with compromised immune systems due to cancer, HIV, history of organ transplant or other medical conditions; persons less than 65 years of age with underlying chronic conditions; or persons over 65).

Answer: YES ______ NO ______



Hazard Communication Requirements

• OSHA’s Hazard Communication standard covers how employers communicate information to employees about chemical hazards and appropriate protective measures.

• “Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area.”


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Hazard Communication Requirements

• A comprehensive hazard communication program includes:- Container labeling & other forms of warning

- Safety data sheets

- Employee training

• Ensure that employees that are conducting non-typical tasks (e.g., cleaning) are properly trained on that task



Plan for Business Interruption

• Plan for possible contingencies

• What would you do if…- There was a rumor that an infected person came to the Center?

- A teacher went to an area where the virus is known to be?

- A large percentage of your staff did not come to work?

- A large percentage of your students did not come to school?

• Expect the unexpected


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Implement Emergency Operation Plans

• Develop information farming/sharing system

• Review & adapt plan/communications frequently

• Develop alternative operating/closure plans

• Consider surveys• EEOC.gov survey of employees; adapt to parents/students



For Centers That Do Have COVID-19Identified In Their Community


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Determine If, When & How Long Center ProgramsMay Need To Be Dismissed

• Center should work with health officials to communicate possible COVID-19 exposure

• Center should work closely with health officials for other issues

• Temporary dismissal of programs may stop/slow further spread of virus

• Centers may stay open for staff to allow teachers to deliver lessons and materials remotely and maintain continuity of teaching/learning

• Center must maintain confidentiality of student/staff member exposed to virus as required by the ADA



Thank You


Phone: (404) 240-4235 | Email: [email protected]

Guidance for Kids ‘R’ Kids Centers On The Novel ... Phillips... · fisherphillips.com ON...

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