The Centers for Disease Control (CDC) have released new guidance to assist employers in re-opening during the COVID-19 pandemic.
The guidance takes the form of new checklists which employers may utilize to determine if they are ready to re-open. The guidance is at a relatively high level and does not provide the details many employers have been clamoring for.
We receive questions daily from employers who want to know what screening measures they should implement and to what extent such measures may be considered a medical exam under the Americans with Disabilities Act (ADA) or other laws. Employers are simultaneously concerned about exposure under the Occupational Safety and Health Act (OSHA) if they don’t do enough to protect workers. Layered on top of those concerns are questions about liability for employee illness under state workers’ compensation laws and general liability for customers or visitors.
We are hopeful that more specific guidance will be issued so that employers can demonstrate a good faith effort to protect their employees and the public.
The following are links to CDC, EEOC, and OSHA guidelines:
Employers must also remain cognizant of state and local laws, which may be far more specific than current federal rules. Employers should carefully evaluate the specific risks present in their workplace when developing a mitigation strategy. While there are no guarantees, strict compliance with state or local laws and good faith efforts to follow federal guidelines, should help limit risk.
About the Authors. This update was prepared by HR Pros, LLC, a national HR consulting firm that helps companies reduce operational and employment related risks. Contact Christopher Brown or Philip Roach at firstname.lastname@example.org or email@example.com.
The information provided in this update is not, is not intended to be, and shall not be construed to be, the provision of tax or legal advice, nor does it necessarily reflect the opinions of HR Pros, LLC or our clients. The content is intended as a general overview of the subject matter covered. HR Pros, LLC is not obligated to provide updates on the information presented herein. Those reading this alert are encouraged to seek direct counsel on tax or legal questions.
© 2020 HR Pros, LLC. All Rights Reserved.