Authored by Dean R. Dietrich
Employers, like everyone else, are looking to return to the past, although many say we will be facing a “new normal” that will change how and where we do things. Employers need to start thinking about what does it mean to return to work and what does return to work look like in the “new normal.”
We need to start by thinking of the concerns that need to be addressed as we start back to work in our “new” work environment. The concerns can be broadly defined in these areas:
- Protecting the employee;
- Protecting the client/customer;
- Ensuring a safe (and clean) workplace;
- Dealing with employee fears and new accommodation requests.
Businesses need to think about how they are going to modify their workplace to provide for safety for their employees and the public/customers. This may involve the redesigning of workspace and installing different types of protective covering or dividers to ensure as much protection as possible.
Employers may want to consider the following:
- Improve the ventilation system and increase the amount of outdoor air that circulates in this system;
- Improve hand hygiene opportunities for employees and for worksite visitors. This may include providing tissues and no-touch disposal receptacles and soap and water or alcohol-based hand sanitizer;
- Discourage unnecessary travel and require employees who travel outside of the state to identify their travel activities before returning to work;
- Consider a phased-in approach to people returning to the workplace or flexible scheduling that will limit the number of employees in close proximity to each other in the workplace;
- Consider testing of employees before they enter the workplace, including temperature testing to determine if an employee may be exhibiting signs of being infected;
- Decide whether to require the wearing of masks as part of the regular work clothing of the employees. This may involve negotiations with a local union over a change in working conditions;
- Consider restricting the use of shared items and spaces such as staplers and other supplies used in the workplace;
- Consider creating an emergency communication channel for employees who are diagnosed with the virus and for employees who may have questions regarding the workplace;
- Consider the use of 14-day quarantine periods for individuals involved in travelling or other off-site activities;
- Consider the use of tele-working as a way to continue productivity on a rotating schedule with employees in and out of the office;
- Follow directives from the local health department regarding cleaning activities and cleaning of surfaces in the workplace;
- Consider expanding the wearing of personal protective equipment in work locations where employees are required to be in close proximity to each other;
- Perform regular environmental cleaning and disinfection of the work area to preserve the environment from contamination;
- Perform enhanced cleaning and disinfection efforts if an employee is identified as having symptoms of the virus or been diagnosed with the virus;
- Discourage unnecessary travel and require employees who travel outside of the state to identify their travel activities before returning to work;
- Actively encourage sick employees to stay home and require employees to notify the employer if the employee is exhibiting any tattletale symptoms of the virus;
- Educate employees on how to prevent the transmission of the virus and how to remain safe;
- Identify a workplace coordinator who will be responsible for all aspects of Coronavirus safety concerns and virus transmission in the workplace;
- Be prepared to respond to employee concerns about workplace safety and virus infection and be prepared to provide assurances regarding the safety in the workplace.
There is no one simple answer to how we frame the return to the “new” workplace. Every business and every location needs to consider what will be best for employees and customers. I think the only “truism” that we can rely upon is that we all must adjust to the “new” normal in order to be safe for our employees, our customers, and for society in general.
The Center for Disease Control has issued Interim Guidance for various industries; it can be found at https://www.documentcloud.org/documents/6883734-CDC-Business-Plans.html. The Wisconsin Economic Development Corporation has also issued Guidance for Preparing Workplaces for COVID-19. It can be found at https://wedc.org/reopen-guidelines/. Copies of parts of the Guidance are attached at the link below to provide additional suggestions for employers/businesses to embrace as part of the return to the “new” workplace.
Workplace During the COVID-19 Pandemic.pdf
Dean R. Dietrich, Esq.
715-845-9401
dietrich@dvlawgroup.com
