Reopening Issues and Resources
In an effort to provide continued support to the small business community, we have compiled the following list of preliminary issues and steps for business leaders to consider as they begin to slowly expand or restart operations. These steps have been prepared in alignment with recent federal and state orders and guidance and, although not exhaustive, should assist organizations that are expanding operations and/or reopening in a manner that helps prevent the introduction and spread of COVID-19.
Facility Safety
To ensure the safety of your facility, an assessment of your premises and operations should be conducted. The assessment should include the following:
1. Determine how you will physically implement social distancing, which may include:
Reconfiguring your worksite and placing physical markers in high-traffic spaces to keep people apart.
Limiting the number of occupants in confined spaces such as offices, elevators, restrooms, and customer seating areas.
Closing break rooms and other areas where individuals generally congregate.
2. Decide whether any engineering controls or administrative controls should be implemented or updated. This could include:
Adding physical barriers, such as sneeze guards, in appropriate locations.
Restricting the public’s access to only certain locations within your facility.
Installing high-efficiency filters and/or increasing ventilation rates.
Leaving doors propped open to increase air circulation and decrease the touching of handles.
3. Implement policies and procedures for ongoing sanitation of your facility. For example, this might require:
Developing tailored sanitation procedures for all common areas and workspaces.
Ensuring your cleaning team is familiar with the CDC’s cleaning and disinfection guidance related to COVID-19.
Utilizing wipeable covers on electronics, such as touch screens, ATMs, and keyboards.
Training staff on new procedures as well as ongoing OSHA responsibilities related to issues such as blood-borne pathogens, Personal Protective Equipment (PPE), and hazard communication.
4. Confirm whether you have an adequate supply of and ongoing access to sufficient safety and sanitation supplies (such as soap, hand sanitizer, and masks).
5. Continue monitoring relevant government websites (such as the CDC, the Office of the Governor, and the EEOC), to stay updated with relevant, critical guidance to help protect the physical wellbeing of your workforce and customers as well as the legal wellbeing of your organization. Be sure to monitor guidance specific to your industry and location.
6. Be prepared to work with local health officials if there are cases in your facility or an increase in cases in your local area.
Employee Safety and Communication
For the safety of your employees as well as compliance with laws requiring that employees are provided with a safe and healthful workplace that is free from serious recognized hazards, such as COVID-19, and to ensure effective communication with your staff, the following steps should be taken:
1. Allow your employees to continue to telework when possible and feasible with business operations.
2. Minimize non-essential business travel.
3. Consider setting expectations for proper hygiene standards for employees as well as:
Posting COVID-related signage to remind staff of recommended hygiene practices.
Being flexible with breaks to allow employees to frequently wash their hands.
4. Determine how you will implement social distancing at your workplace through policy, such as:
Implementing staggered shifts and lunch/break periods.
Allowing employees to leave the worksite for meals and breaks to prevent staff from gathering in a break room.
Designating one person to “clock in” and “clock out” all employees to prevent staff from congregating around a time clock.
Hosting all meetings through videoconferencing.
Limiting one person per vehicle, if you have drivers on staff.
Prohibiting employees from sharing computers, phones, headsets, and other work tools.
5. Determine whether any PPE requirements should be implemented or updated in your workplace. Consider encouraging or requiring employees/customers to wear a mask and/or gloves.
6. Implement a process for handling accommodation requests by staff that are part of the population vulnerable to COVID-19.
7. Remind your workforce of your organization’s illness reporting policies and procedures and update such policies and procedures as appropriate (such as requiring employees to notify their supervisor if they have been diagnosed with COVID-19). Also, consider:
Implementing procedures to screen employees for infection with the virus (which could include required temperature checks and symptom-related questioning of employees) to ensure employees are treated consistently and in accordance with the law, including compliance with the ADA and any confidentiality requirements.
Requiring sick employees to leave the workplace and designating an isolation space for use by sick/potentially sick employees pending their departure.
Developing a protocol to determine when and how your company may require testing of employees for infection with the virus.
Preparing contact tracing procedures following a positive test of one of your employees.
Establishing procedures for allowing recovered employees to safely return to work.
Creating a plan for operating with increased absenteeism.
8. Ensure you understand your obligations under the new federal leave laws related to COVID-19 (Emergency Paid Sick Leave and Expanded FMLA), which generally apply to all businesses with fewer than 500 employees. You should also determine whether the following would be beneficial:
Preparing new procedures and forms to ensure compliance with the law as well as federal funding for the leave.
Providing employees with an explanation related to how the law affects them.
9. Return your team members to work with compassion as well as in accordance with the law, which may include:
Establishing non-discriminatory criteria to recall/rehire your team if only some of your staff will be returning to work.
Determining the procedure your organization will follow to return staff to work (will the employee be treated as a new hire or a returning employee and what new hire documents will you have them complete?), which will often depend on the communication provided to employees upon their departure (were they permanently terminated or temporarily furloughed?).
10. Ensure you have updated policies. You may need to create or update certain policies, including policies related to:
Emergency Paid Sick Leave and Expanded FMLA.
COVID-19 employee screening (such as required temperature checks and testing) as well as a policy for self-reporting of illnesses and COVID-19 symptoms.
Social distancing and PPE requirements, such as staggered shifts, updated visitor/customer policies, and face mask mandates.
Returning to work after a suspected or confirmed diagnosis.
Hygiene and sanitation practices related to COVID-19.
Coworker notification and contact tracing related to post-COVID diagnoses.
Teleworking, including considerations for data security and compliance with wage and hour laws.
Links to relevant government guidance are listed below for your convenience:
CDC | COVID-19 Workplace Guidance
CDC | COVID-19 Workplace Decision Tree
City of Austin | COVID-19 Business Resources
DOL | FFCRA (new federal leave laws) Guidance
OSHA | Guidance on Preparing Workplaces for COVID-19
Texas Governor | COVID-19 Resources & Executive Orders
Businesses have a lot of work ahead in maneuvering through our current reality, and we hope that this information is helpful. Please feel free to reach out if you have any questions about the information provided in this update or if our firm can provide you with any assistance or guidance as you move forward.
This update is for informational purposes only and does not provide legal advice. Every legal situation is different and must be independently analyzed by an attorney. Please consult with an attorney for specific guidance.
About Luna Law, PLLC
Luna Law, PLLC, provides a wide array of legal services to small businesses, from the creation of corporate entities and contract negotiation to employment counseling, risk mitigation, and compliance with local, state, and federal regulations. Contact the firm for a consultation or visit RachelLunaLaw.com for more information.