LEGAL BRIEF
WORKING THROUGH THE PANDEMIC:
Safety Considerations for Employees Returning to Work By Nate Kowalski and Eric Riss, Atkinson, Andelson, Loya, Ruud & Romo they regularly review state and local public health orders relating to COVID-19, as public health authorities regularly issue, update, or rescind these orders. Workplace Safety Policies One common workplace safety concern is whether to screen employees entering the physical workplace after several months’ absence for symptoms of COVID-19. The CDC formally recommends that all employers implement a variety of workplace safety protocols, which may include temperature screening.
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On May 4, 2020, the Governor issued Executive Order No. N-60-20, and formally began the process of permitting employers to “reopen” their operations despite the ongoing Coronavirus disease 2019 (“COVID-19”) pandemic. Following this directive from Sacramento, cities, counties, housing authorities, transit agencies, water districts, and other special districts (“public agencies”) have begun to plan for their employees to return to the physical workplace. This article will explore several common workplace safety concerns relating to COVID-19, and propose guidelines for mitigating these risks. Along the way, the authors will pose and answer some of the most common questions that public agencies have been asking. Guiding Principles Public agencies should prepare a “return to work” plan to mitigate anticipated safety concerns. This plan should include written policies or protocols, in order to provide uniform standards, place employees and supervisors on notice about the agency’s expectations, and help an agency avoid bias or inequitable treatment. Public agencies should also ensure that 22
If a public agency decides to implement a temperature screening policy, should it be done internally or by outside parties? Public agencies should consider their operational needs and risk tolerance in evaluating whether to conduct screening with internal staff or through outside vendors. Several factors should be considered during this assessment. Many employers have not previously used staff to conduct medical examinations, such as temperature screening. Consequently, employees will require training in order to safely and accurately conduct temperature screening. In contrast, third party medical examiners may be unavailable in the present climate, with many employers seeking to begin screening immediately. Further, agencies may have difficulty verifying the level of training provided by outside parties to screeners. Public agencies may also be required to adopt a face covering policy, in conjunction with mandatory social distancing obligations. Local public health orders vary in terms of the circumstances in which employees may be required to wear face coverings in public, including in the physical workplace. California Special Districts • July-August 2020