Employers across the country are coming back to life, as more states lift restrictions that were put in place to protect the nation from Covid-19. As businesses attempt to safely bring their employees back to work, some are having a hard time understanding their legal obligations.
Here are a few key compliance areas that business owners need to review as they reopen:
1. State and Local Executive Orders
Closing down businesses happened on a state by state basis. So, the same is happening as we open things back up.
Most governors and some mayors have issued executive orders around the requirements for reopening. States are typically taking a phased approach and allowing different activities to come back in waves, while watching for any signs of resurgence or burden on the healthcare system.
Everything from social distancing requirements, wearing of masks, testing protocols, and cross-border travel and quarantine requirements are covered in these executive orders.
For a comprehensive, state by state list of executive orders the Council of State Governments has compiled a very nice resource page
HERE.
2. Centers for Disease Control Recommendations
The CDC has issued a resources to guide businesses in the reopening phase of the pandemic. It can be found
HERE.
This document covers guidance on testing, contact tracing, and surveillance. Important information regarding schools, youth sports, restaurants and bars, and summer camps can also be found there.
This is an important document and should be read by all business owners and hiring managers.
3. EEOC Compliance
This guidance clarifies that the COVID-19 pandemic meets the “direct threat” standard, and as such, concludes that a significant risk of substantial harm would be posed by having someone with COVID-19, or symptoms of it, in the workplace.
Consequently, the EEOC maintains that screening for symptoms and testing are appropriate measures to take in determining the ability of people to safely enter the workplace.
4. OSHA Compliance
The Occupational Safety and Health Administration (OSHA) has published a guide for ways to safely operate in the pandemic.
The
Guidance for Preparing Workplaces for COVID-19
document recommends that organizations create an Infectious Disease Preparedness and Response Plan. With fundamental guidance on handwashing, use of masks, stay-at-home policies, and respiratory etiquette, the guide also contains industry-specific resources for high-risk workers such as taxi and rideshare drivers, food processing professionals, and retailers.
The agency’s website also has many useful resources including a detailed
FAQ section.