What Should I Know as an Employer

Reopening after COVID-19?

As states, counties, and cities follow the “White House’s “Guidelines for Opening Up
America Again,” and lift the stay-at-home directives, nonessential employers now have to
mindfully reopen their businesses. This article is intended to outline a five step plan of action
to adjust successfully to the new normal as they reopen. Employers must:
● Provide a safe work environment
● Comply with changing government guidance
● Comply with guidance from the Centers for Disease Control and Prevention (CDC)
● Comply with guidance from the Occupational Safety and Health Administration
(OSHA)
● Undertake the unique business obstacles they face
● Many will need to create new ways of generating revenue
It’s a large task load, with financial, health-related, and legal issues that can seem taxing to
employers and business owners. To help ease that burden, employers can follow these five
steps.
1. Your Reopening Plan Should Take into Account Changing Guidance

If possible, business owners should create a team to write, enforce, and manage the
reopening plan. The team should include someone responsible for operations, human
resources, communication, payroll, information technology, and legal implications.

The team should consult with state and local industry-specific guidelines and recommended
best practices when writing their plan. They should carefully read the most recent updates
from the CDC which can be found here: “Interim Guidance for Businesses and Employers
Responding to COVID-19.” and here: Frequently Asked Questions.

2. Outline a Workplace Schedule

Many non-essential businesses must create a “rolling” work schedule in order to reopen and
this means changes to the method they use to ramp up operations. Businesses must
consider social distancing guidelines and take into account which employees can remain
working remotely and which are essential to physically be at the business. This will limit the
number of employees who can potentially expose each other to the virus. Employers can
consider a shift approach, splitting work into 2 or 3 shifts a day, and staggering work start
and finish times to limit worker interaction.

It is important that employers document the justification for bringing back workers who have
been furloughed or made to work part time, and prove they have not discriminated against
workers in protected classes. Additionally the new schedule should take into account any
union guidelines if applicable. Some employees may have been directly impacted by the
COVID virus, and may need to be referred to employee assistance resources.

3. Adjust your work environment to account for COVID-19 Guidance

Employers should consult state and local guidelines as well as OSHA and CDC guidelines to
put their own reopening measures in place. These measures may include:
● Implementing upgraded cleaning schedules for high-traffic or normal areas.
● Installing physical boundaries between worker work stations and clients.
● Rearranging workstations to separate and help social distancing.
● Limiting the number of individuals who can be in confined areas, for example,
elevators.
● Modifying work calendars to limit the number of individuals coming in contact at one
time or place.
● Increasing remote-work capabilities.
● Modifying guest strategies and adding limits on physical gatherings, meetings, and
occasions.
● Requiring (and providing) employees with personal prevention equipment (PPE),
including face covers and gloves.
● Requiring workers to bring snacks or giving bundled dinners to representatives to
limit outside contact.
● Conducting temperature screenings or potentially dependable COVID-19 testing in
compliance with the changing guidelines from CDC and U.S. Food and Drug
Administration (FDA) and OSHA.
● Create policy on non-essential business travel.
● Create policy on quarantining employees who show COVID-19 symptoms.

4. Train Employees on Changes and New Policies

Employers should set up a communication schedule to keep employees up to date with all
the changes, and to make sure they understand how to implement all the new policies.
Employers should also set employee expectations before they return to the workplace to
ensure a smoother transition. This regular communication schedule will help reduce the
change impact and keep everyone on the same page.

5. Handle Privacy Issues with Care

Employers should treat all employee medical information (such as daily temperature checks)
and take measures to ensure employee privacy compliant with state and federal law.
Another example of privacy would be any discussion with an employee about a leave of
absence necessary related to COVID-19.

Employers must also not disclose the names of employees that tested positive for COVID-19
or reported symptoms. Names may only be shared with public health agencies such as the
CDC.

Will Precautions Around COVID-19 Be Here for Years to Come?

Employers ought to be set up for certain types of government-ordered COVID-19-related
limitations to proceed for years to come. Changes may differ between states and even
counties or cities. Businesses that span many locations will have to have specific plans for
each local that can be changed and quickly executed. Businesses with concerns should
seek advice from employment lawyers such as the Zeff Law Firm in Philadelphia and Mount
Laurel, NJ.