Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
MAY 13, 2020
Return to Work Strategies for Employers
Moderator: Kara E. Shea
Panelists: Todd P. Photopulos, David L. Johnson,
Timothy M. Threadgill and C. Buddy Creech, MD, MPH
Workplace Safety Considerations
a. Applicable laws and standards
i. OSHA and CDC guidance, state and local laws
b. Safety protocols for the workplace
i. Continuation of telework if possible
ii. Social/physical distancing strategies
iii. Other steps to minimize safety risk
iv. Establish exposure response protocol
Health Screening of Employees
a. Current EEOC guidance – what kinds of tests and questions are permitted?
b. Effectiveness of health screening – use in conjunction with other safety protocols
c. Confidentiality issues
Legal Exposure for COVID-19 Workplace Transmission
a. Workers compensation
b. Other theories of recovery – recent wrongful death cases
c. Best defenses to liability
d. Waivers/immunity issues
COVID-19 Exposure Protocols
a. Reporting requirements for employees
b. Response triggers
c. Steps to take when you receive notice of possible COVID-19 exposure in the workplace
d. Recovered employees return to work
Accommodation and Discrimination Issues
a. Who is the most vulnerable?
b. Accommodation obligations and protocols during a pandemic
c. Discrimination concerns
Employees Who Are Scared to Return to Work
a. When are employees entitled to stay home and when are they not?
b. May employees stay home because they are afraid of getting COVID-19?
c. Is unemployment available?
d. Whistleblower/retaliation concerns
Families First Coronavirus Response Act Issues
a. Brief overview of FFCRA sick leave and family leave entitlements
b. More FFCRA issues in return to work scenario
c. Be sure to distribute poster if you have not done so
Additional Resources
Butler Snow Coronavirus Resource Hub• https://www.butlersnow.com/coronavirus-hub/
EEOC Pandemic Guidance • https://www.eeoc.gov/laws/guidance/pandemic-
preparedness-workplace-and-americans-disabilities-act• https://www.eeoc.gov/coronavirus
OSHA Pandemic Guidance• https://www.osha.gov/Publications/OSHA3990.pdf• https://www.osha.gov/SLTC/covid-19/
Federal COVID-19 Unemployment Guidance• https://www.dol.gov/newsroom/releases/eta/eta20200410
FFCRA Guidance from USDOL• https://www.dol.gov/agencies/whd/pandemic/ffcra-
questions• https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCR
A_Poster_WH1422_Non-Federal.pdf
CDC General Business Frequently Asked Questions• https://www.cdc.gov/coronavirus/2019-
ncov/community/general-business-faq.html