Work Reintegration Benefits and beneficiaries Iris Hillemann, DGUV 6.12.2013.
RETURN WORK · 2020. 5. 22. · Return to work after stay-at-home orders are lifted The new normal:...
Transcript of RETURN WORK · 2020. 5. 22. · Return to work after stay-at-home orders are lifted The new normal:...
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RETURN
Critical Legal and Safety
Issues for Nonprofit Arts
Organizations
WORK
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Today’s Panelists
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How Prepared Are You?
No plan, but moving ahead
Need to make a plan
Working on it ...
Plan is prepared!
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Overview
Return to work after stay-at-home orders are
lifted
The new normal: workplace reintegration plans
Medical testing of employees and other
screening
Managing COVID in the workplace
OSHA considerations
Visitors, customers, clients, vendors
Ongoing remote work, wage and hour
reminders
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Return to work after orders are
lifted The new normal: workplace reintegration plan
Medical testing of employees and other
screening
Managing COVID in the workplace
OSHA considerations
Visitors, customers, clients, vendors
Ongoing remote work, wage and hour
reminders
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When Can You
Require?
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When Can’t You Require?
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Is YOUR Business Ready?
A Marathon, Not a Sprint
• Workplace safety
• Voluntary callbacks
• Shifts, Shortened workweeks
• Flexible work arrangements,
telework
• Non-discriminatory, objective
criteria
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I can’t return because ...
• I am high risk.
• I fear getting sick.
• my spouse is high
risk.
• school/daycare
is closed.
• I will make more on
unemployment.
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Consider Policies
Leave policies
Temporary policies
Train workers
Monitor often to keep consistent with CDC guidelines
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Return to work after stay-at-home orders are
lifted
The new normal: workplace
reintegration plan Medical testing of employees and other
screening
Managing COVID in the workplace
OSHA considerations
Visitors, customers, clients, vendors
Ongoing remote work, wage and hour
reminders
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Implement Workspace
Controls
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Infection Prevention Measures
• Develop daily
sanitization regimen
• Provide disinfecting
wipes or spray/paper
towels
• Hand sanitizer and
tissues
• Document what you are
doing
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Reorganize Spaces
as Necessary
• Revamp crowded seating areas
• Eliminate shared workstations
• Mark 6-
foot
distances
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Maximum Occupancy:
1 person
• Limit number of employees in
common areas
• Stagger break times and lunch
schedules
• Establish protocols for using
bathrooms, stairwells and
elevators
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1. Discourage shared use of lunchroom
appliances
2. Prohibit food
sharing
3. Reconsider file and document sharing
and handouts
Sharing is not caring
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Monitor Employee Movement Monitor Employee Movement
• Personal travel
• Business travel
• Employees
entering and
leaving the office
• Movement between
departments
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Return to work after stay-at-home orders are
lifted
The new normal: workplace reintegration plan
Medical testing of employees
and other screening Managing COVID in the workplace
OSHA considerations
Visitors, customers, clients, vendors
Ongoing remote work, wage and hour
reminders
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Legal Framework
• ADA requires medical tests be:
1. Job-related and
2. Consistent with business necessity
• EEOC says COVID-19 is direct threat
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What is Medical Test/Inquiry?
• Temperature checks
• COVID-19 testing
• Screening questionnaire
before each work shift
• Fitness for duty
• Antibody testing
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Protecting Medical
Information
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Return to work after stay-at-home orders are
lifted
The new normal: workplace reintegration plan
Medical testing of employees and other
screening
Managing COVID in the
workplace OSHA considerations
Visitors, customers, clients, vendors
Ongoing remote work, wage and hour reminders
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Employer Checklist
Employee tests positive
Experiences symptoms associated
with COVID-19
Mandatory exclusion from the
workplace.
Last day in the workplace
Close contact
OR
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Return to work after stay-at-home orders are
lifted
The new normal: workplace reintegration plan
Medical testing of employees and other
screening
Managing COVID in the workplace
OSHA considerations Visitors, customers, clients, vendors
Ongoing remote work, wage and hour
reminders
![Page 25: RETURN WORK · 2020. 5. 22. · Return to work after stay-at-home orders are lifted The new normal: workplace reintegration plans Medical testing of employees and other screening](https://reader035.fdocuments.in/reader035/viewer/2022071105/5fdfbc71898efc0a5a5cc2b3/html5/thumbnails/25.jpg)
OSHA Worker Exposure Risk
Very high or high exposure risk
Medium exposure risk
Low exposure risk
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Personal Protective
Equipment (“PPE”)
• Very high or high
exposure risk
– Gloves, gown, face shield,
goggles, face mask, respirator
• Medium exposure risk
– Some combination of gloves, gown, face
mask and/or face shield and goggles
• Low exposure risk
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If an employee is diagnosed with
COVID-19, must the employer treat it as
an OSHA recordable illness?
Yes, if conditions are met
• DOL OSHA “Revised Enforcement Guidance for Recording Cases of
Coronavirus Disease 2019 (COVID-19),” May 19, 2020.
https://www.osha.gov/memos/2020-05-19/revised-enforcement-
guidance-recording-cases-coronavirus-disease-2019-covid-19
• COVID-19 is a recordable illness if:
– Confirmed case of COVID-19;
– Case is work-related; and
– Case involves one or more of general recording criteria
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If an employee is diagnosed with
COVID-19, must an employer treat
it as a worker’s compensation
injury or illness?
It depends on state law
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Return to work after stay-at-home orders are
lifted
The new normal: workplace reintegration plan
Medical testing of employees and other
screening
Managing COVID in the workplace
OSHA considerations
Visitors, customers, clients,
vendors Ongoing remote work, wage and hour reminders
![Page 30: RETURN WORK · 2020. 5. 22. · Return to work after stay-at-home orders are lifted The new normal: workplace reintegration plans Medical testing of employees and other screening](https://reader035.fdocuments.in/reader035/viewer/2022071105/5fdfbc71898efc0a5a5cc2b3/html5/thumbnails/30.jpg)
It’s Not Just Employees ...
Limit face-to-face interaction
Schedule access
Require screening
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Return to work after stay-at-home orders are
lifted
The new normal: workplace reintegration plan
Medical testing of employees and other
screening
Managing COVID in the workplace
OSHA considerations
Visitors, customers, clients, vendors
Ongoing remote work, wage and hour
reminders
![Page 32: RETURN WORK · 2020. 5. 22. · Return to work after stay-at-home orders are lifted The new normal: workplace reintegration plans Medical testing of employees and other screening](https://reader035.fdocuments.in/reader035/viewer/2022071105/5fdfbc71898efc0a5a5cc2b3/html5/thumbnails/32.jpg)
• Capture all the time worked
• Document the expectation
• Ensure timekeeping policies
are clear
Recognize the Wage
and Hour Risks
of Remote Work
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Contact Us
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Resource: CDC Decision Tree
• https://www.cdc.gov/coronavirus/2019-
ncov/downloads/community/workplace-
decision-tree.pdf
• Provides an
easy-to-follow
checklist for
reopening decisions
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More Resources
For updates, visit:
• Greensfelder COVID-19 Resources
page:
https://www.greensfelder.com/
covid-19-resources.html
• SimplyHR Blog:
https://www.greensfelder.com/
employment-and-labor-blog
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THANK YOU!
Legal Disclaimer: This document is not intended to give legal
advice. It is comprised of general information. Employers facing
specific issues should seek the assistance of an attorney.
Graphics by William Blaisdell