The New Employer Liability – COVID-19
As we begin to gear things back up, its critical that you understand, we are in a different world now. Whether you believe this new virus threat and the response to it is real or perceived, accurate or overblown, its here, and will be here for a while. As a result, laws have changed, more liability has been placed on employers, and we will certainly not be back normal for a long time. Employers have already been sued and every alphabet agency has new guidelines.
Here is a quick look at the new liabilities you face as an employer and how to mitigate those liabilities.
Create a Safe Workplace
Bottom line, as you ask your employees (and customers) to come back, make sure your workplace is safe. You will need to follow established guidelines with regards to cleaning, disinfecting, providing PPE and establishing safe work practices, including distancing as much as possible to protect workers.
Perhaps the threat of an infection in your particular area or region is not high, but the risk of employees either genuinely claiming the risk to their personal safety has not been mitigated at your workplace, or the possibility of someone taking advantage of the situation to claim a workplace violation or file a lawsuit against you, is real.
Quick Workplace Safety Guidelines
Here is a quick list but click on the links below to access our more detailed workplace and employee health and safety guidelines for COVID-19.
- Promote healthy hygiene practices, be sure to provide ample hand sanitizer
- Intensify cleaning, disinfection (e.g., small static groups, no large events)
- Cancel any non-essential travel, and encouraging alternative commuting and telework
- Space employees at least 6 feet and possibly utilize staggered shifts
- Restricting the use of any shared items and spaces
- Train all staff in above safety-actions
Are you a high or low exposure business?
Whether your business is a high or low exposure business will make a big difference when it comes to your liability and your plan to ensure safety. Obviously, doctors offices, food establishments, hospitals, and other public establishments, have a much higher exposure to possible outside and internal infections. You will need to make that determination and then decide what level of precaution you will need to take. Here are links to understand more about OSHA Guidelines for low risk and high risk businesses:
OSHA – Assessing Your Risk Level
OSHA – General Business Guidelines
Workers Compensation in California
Additionally, in California, the Workers Compensation rules have been changed to cover employees that have become ill with COVID-19 for 60 days, from May 6th until July 6th, 2020. This executive order by Governor Newsom creates workers compensation benefit and medical coverage for workers that have contracted COVID-19, and presumes the infection occurred at the workplace. This can cause a whole new set of issues, notwithstanding increased workers compensation rates in CA, but nonetheless, taking every precaution you can, will help to mitigate the effects on your workplace. More details can be found here with Fisher Phillips most recent LEGAL ALERT.
Deal with Complaints Quickly
Most employees are reasonable, loyal, productive and hard working individuals, but there is likely a small percentage of the workforce, that seems to never be happy with anything. The advice here, is never assume you are dealing with one or the other. Simply quash employee fears and complaints quickly, within reason. Listen to your employees and make sure you are taking their complaints seriously. Be especially sensitive to employees who may have compromised immune systems or live with elderly parents or grandparents.
Final Thoughts
No doubt, things have changed, including the economy. Our management team has been involved in HR for over 20 years and our experience will tell you, when economic conditions change drastically, lawsuits increase, employee problems increase, and it gets more difficult to manage employees. Your team here at Infinium HR can help you through the minefield. Do not hesitate to reach out to us with any challenges you may be facing.