Back To Work Compliance Guidelines
As more states begin to lift their stay-at-home orders, employers are wondering how to bring their employees back to the workplace safely.
It’s important to be prepared for the different scenarios that might come up, so we have outlined some guidelines below.
Please note that guidelines for reopening continue to evolve and the guidelines will vary depending on your local jurisdiction.
Therefore, the below guidelines are for general informational purposes only.
What do I do when a worker doesn’t want to come into the office or doesn’t want to use public transportation to report to work?
The majority of states are taking a phased approach so make sure you know the guidelines from your state. Be aware of how your business is categorised in this approach and if it is considered essential or non-essential.
Ensure that you are following state guidelines and approaches before deciding to ask workers to return to work or before actioning any response if a worker does not want to come to the office.
Legally, you have the right to order your worker back to work, but practically you should consider the emotional toll and consider being flexible.
When determining when a worker should return to the office, you should see if they can continue to work remotely, or if they are protected by one of the many Acts passed in response COVID-19.
What if a worker doesn’t want to return to work and wishes to remain on unemployment?
If a worker expresses that they do not wish to return to work the employer is required to let the state know that an offer of reemployment was made to the worker.
Part of the criteria for unemployment eligibility is that a worker is actively seeking work and ready and willing to work. A refusal to return to the workplace may mean they are no longer eligible for unemployment.
Worker safety in the workplace
Workers may enquire how they are going to be brought safely back into the workplace. Communicate all the safety steps being taken to protect workers as well as your expectations and their responsibilities to contribute to a safe working environment.
Many offices will have to reconfigure physical layouts and processes to minimize exposure. Each worksite is different, but some common approaches include:
Marking off 6-foot spacing with carpet or tape
Designating hallways and stairways as one-way
Adding a plexiglass barrier at workspaces and propping open doors to eliminate the need to touch handles
Enhanced cleaning and sanitizing being done
Employees may be required to wear a face mask while working
Federally, it has been recommended that everyone should wear a cloth face mask when social distancing cannot be upheld.
Some states and cities are requiring that workers and patrons wear face masks at all times. Further, some legislation even requires that employers provide workers with face masks for the worksite.
Employers should provide workers with instructions or training on how to wear, maintain, and clean their face coverings.
For face mask legislation updates check out this resource.
Can a worker refuse to wear a mask?
If a worker refuses to wear a mask that has been required by a state or local order or has been strongly advised by OSHA or CDC, the employer should explain the requirement to them and try convince them to wear it in accordance to the law.
However, if a worker continues to refuse the legal or safety requirement, the employer may be able to suspend the worker. However, please be aware that there may be medical reasons which means the worker cannot wear a face covering so you should fully evaluate the situation.
Sick leave and family leave
State and federal programs adopted in response to COVID-19 still remain in place. If a worker falls under the guidelines of any of these programs then they will remain eligible for the leave.
So, if a worker is sick or caring or a sick family member or child who has to remain home due to closed childcare or schools please continue to proceed with caution and consult PGC.
When a worker is required to report to the worksite dependent on their state’s stance, they may have extra protections in place.
High risk workers
Based on the information and guidance currently available, older adults and people of any age who have serious underlying medical conditions might be at higher risk of contracting a severe illness from COVID-19. High-risk individuals include:
People 65 years and older
People who live in a nursing home or long-term care facility
People with chronic lung disease or moderate to severe asthma
People with serious heart conditions
People who are immunocompromised, including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, prolonged use of corticosteroids and other immune weakening medication
People with diabetes
People with severe obesity
People with liver disease
People with chronic kidney disease undergoing dialysis
If you have a worker in the ‘higher risk’ group who makes a request for accommodation you should follow the EEOC guidance on accommodating requests, these include:
If a job can only be performed at the workplace, the employer should make minor low-cost physical alterations
For telework, an employer should give ‘high priority’ to reasonable accommodation requests of employees within the higher risk group
Employers are encouraged to be flexible in terms of requesting medical documentation
Employers should have explored all potential reasonable accommodations.
Asking a worker about their health history and temperature taking
Employers are allowed to ask workers about COVID-19 related symptoms and take temperatures when entering the office under guidance from the Equal Employment Opportunity Commission (EEOC).
Also, be aware that some states even require employers to inquire about COVID-19 symptoms and to take the temperatures of their workers.
Be aware that if temperature taking in the workplace is mandated, then time spent being tested is considered part of the workday, and workers must be compensated for that time.
What happens if an individual in the office is sick in the office?
It is crucial to control outbreaks, you should continue to balance your obligations and keep your workers safe. Steps to take to keep the workplace safe include:
Encourage any workers who feel ill to report this straight away, and ask them about their symptoms to determine if they have or may have COVID-19
Send any worker home or require them to stay at home if they have symptoms of COVID-19
Measure a workers body temperature
Two major updates in the space are:
An employer may disclose the workers name to a public health official if they learn that the worker has COVID-19
A temporary staffing agency or contractor may notify the employer if it learns that one of its workers has COVID-19, they should not reveal the worker's identity.
Employers are permitted to delay a start date for an applicant who has COVID-19 or symptoms associated with it, as well as, withdraw a job offer if the employer needs the position to begin immediately.
Disclaimer: All information written here is for general informational purposes only and is not intended to be a substitute for professional and/or legal services.
