Guidelines in the Workplace During A Pandemic
America’s economy and workforce are being challenged by the COVID-19 pandemic in an unprecedented way, and employers are being challenged by it in extraordinary ways. Private employers across all sectors are now struggling to run and maintain their businesses and to meet the needs of a specific number of workers, their families, the environment or their communities.
Many states and municipalities have also responded to the COVID-19 pandemic with laws and regulations to protect workers and communities. All this applies to existing labor laws at the federal and state levels, as well as to local ordinances, ordinances and regulations.
In the wake of the recession, employers are adjusting to the new normal in hospitality, healthcare, retail, and manufacturing. Faced with this new reality, however, we must face these challenges with a clear understanding of our rights and responsibilities. We took on the task of giving employers guidance on how to ensure the safety of their employees in the next phase of the labor movement. Here you will find a short summary of some questions we receive from clients on labor law, as well as some tips for employers.
What guidelines should you follow in the event of an accident at work, such as a fire?
OSHA has published the Workplace Preparedness Guidance (COVID-19) to outline steps employers can take to protect their workers. According to the guidance, OSHA has divided jobs and workflows into three categories: work, workflow, and disaster response. These risk zones will be subject to a comprehensive review by OSHA’s Occupational Safety and Health Administration to determine appropriate working methods and precautions.
In the event of a major emergency such as a terrorist attack, staff can be asked to stay at home or leave work for at least 24 hours.
May I ask my employer to seek medical treatment or to get tested for COVID-19 if I have symptoms of COVID-19?
The Centers for Disease Control and Prevention (CDC) says employees who show symptoms of flu – such as illness while working during a pandemic – should leave the workplace. The Equal Employment Opportunity Commission (EEOC) has confirmed that the recommendation to go home is admissible but is not considered a disability – if the symptoms are comparable to COVID-19.
To determine if an employee may be infected, take their temperature at least 30 minutes before and after work. In addition, the employee’s temperature should be measured at the workplace to determine if he or she may be infected. The EEOC has confirmed that the measurement of the body temperature of the employee is permissible in the current circumstances, and in a recent report, the EEOC has confirmed that the use of a temperature meter in the workplace is permissible. While the American with Disabilities Act (ADA) imposes restrictions on the type of questions employers can ask about an employee’s medical status, the EEOC does not consider an employee’s temperature measurement to be a medical examination under the ADA.
While the CDC and state and local health agencies acknowledge the spread of the coronavirus and take appropriate precautions, federal agencies do not recognize the need for these measures. Temperature control may not be the most effective way to protect workers, but employees can become infected with COVID-19 if they show recognized symptoms such as fever.
When an employee tests positive for coronavirus, all employees who work closely with this employee should be sent home to ensure that the infection does not spread. When a member of staff leaves, we ask you to identify people who have worked with him or her or worked in their area to ensure that you have a list of those who should be sent home.
For example, if you do not identify the infected employees when you send them home, you risk violating confidentiality laws. If you work in an office building, inform the building management so that they can take the necessary precautions if necessary.
If one of your employees is exposed to a virus, he may find himself in a vulnerable position when interacting with customers. As mentioned above, as a precaution, we have treated this situation as if there were a confirmed case of COVID-19 and have sent home all potentially infected staff and all other staff they have come into contact with. Customers and sellers who have been in close contact with the employee should communicate with their employees and / or sellers to inform them of any suspicious activity.
Can a worker refuse to work for fear of COVID-19 exposure or for fear of possible exposure?
If the employee believes that he or she is in imminent danger, he or she may refuse work if he or she believes that he or she is exposed to COVID-19. Any condition or practice at work which complies with or complies with the conditions or practices at work in such a way that there is a risk or can reasonably be expected to exist shall be considered to be imminent and the danger cannot be removed immediately without the enforcement of the procedures otherwise provided for in this law.
In addition, Section 7 of the NLRA covers comprehensive legal protections for workers engaged in concerted activities to protect themselves or others from the “imminent danger” of death or serious bodily harm. Such activity is defined as “two or more employees working together to improve the health, safety or well-being of an employee – an employee or another employee” and covers individual actions expressly carried out on behalf of employees. The National Labor Relations Board (NLRB) has offered a number of guidelines for workplace labor actions, including talking to one or more workers about working conditions with one of them, participating in a concerted refusal to work in unsafe conditions, and working with colleagues – workers to talk to the media about workplace issues.
For agencies now operating under telework, further extensions are possible, but only for a limited number of days. Employers are therefore encouraged to monitor the situation closely for further developments and to contact their employees as soon as possible.
The Collective Bargaining Agreement (CBA) exempts you from the federal minimum wage, overtime, sick leave, paid leave and related federal regulations. The Families First Coronavirus Response Act, which applies to employers with fewer than 500 employees, states that it can work under the CBA’s limited benefits for workers with more than 250 employees or fewer. However, CBAs are not exempt from the new legal requirements, according to the US Department of Health and Human Services. Other legal frameworks allow the installation of floors, although no stacking regulations are required and the stack is not limited to the same type of floor as the floor.
But, generally speaking, CBA can offer greater protection than the law provides, but it can not offer less protection. For example, the Coronavirus First Response to Families Act allows employers covered by collective bargaining agreements between multiple employers to grant their employees a trust plan entitlement. As a result, negotiations between unions and the new CBA are still in the early stages, with no official word on the final terms of the agreement.
Can your company in good faith attempt to address and address problems with the company’s policies and procedures in response to coronavirus?
The NLRA requires employers to negotiate in good faith to protect the rights and safety of their workers and the health of their workers. Even in emergency situations such as this, employers who make unilateral changes to working conditions incur unfair fees for working practices. Collective agreements allow such unilateral measures, but only in the context of a serious breach of labor law.
Under this law, unionized employers must use their collective bargaining agreement to determine the scope of their rights under the law and the terms of the agreement.
If you still have questions on labor laws and how best to handles employment issues relating to COVID-19, contact the Law Office of Henry Hernandez, P.A. for a free consultation.