As the pandemic continues to effect employers and their workers, businesses are being presented with new challenges.
In order to reduce the risk of exposure to coronavirus, there are several infection prevention measures all employers can take:
- Encourage workers to stay home if they are sick
- Encourage respiratory practices such as coughing or sneezing into the elbow or the wearing face masks
- Encourage employees to report health or safety concerns
- Limit access to worksites to essential workers only if possible
- Provide adequate hand washing facilities or alcohol-based hand sanitizers with at least 60% alcohol
- Establish flexible work arrangements such as telecommuting, flexible work hours to stagger shifts, or seating employees at least 6 feet apart
- Discourage the sharing of desks, phones, equipment, and tools
- Regularly clean/disinfect surfaces, doorknobs, and equipment
- Use EPA-approved cleaning supplies that specify use for COVID-19
What to do when employees are too afraid to come to work?
Employees, especially essential workers, may be afraid of contracting COVID-19 and refuse to come to work. It is your responsibility to balance their legal rights and reasonable health concerns with your organization’s needs. Employers should take precautions to protect employees and keep employees informed of all measures being taken to maintain a safe workplace. It is important to listen to employee concerns, have an open conversation to avoid unnecessary escalation, and uncover if their concerns are reasonable. Employers can usually apply corrective action when workers violate the attendance policy outside of the protections/regulations below, however, keep in mind how that effects general employee morale and motivation as well as public relations.
Americans with Disabilities Act (ADA):
- For employees who have underlying medical conditions that put them at a higher risk from COVID-19, employers should accommodate altered worksite arrangements
- The Equal Employment Opportunity Commission (EEOC) outlines that these accommodations can include changes in the work environment such as barriers between workstations or Plexiglas separators to reduce contact with others
- Another possible alternative are work-from-home arrangements if they do not significantly disrupt operations
Age Discrimination in Employment Act (ADEA):
- There are no reasonable accommodation requirements, however, employers are encouraged to be flexible in allowing alternative work arrangements or approving leave requests to more vulnerable employees
Families First Coronavirus Response Act (FFCRA):
- If an employee has been advised to self-quarantine by a health care provider, eligible employers must provide time off if telecommuting is unavailable. See: Families First Coronavirus Response Act (FFCRA) for additional details
National Labor Relations Act (NLRA):
- The NLRA allows employees of unionized or non-unionized employers to engage in protected concerted activity
- This activity includes the discussion of working conditions and the refusal to work in unsafe conditions
- The refusal must be reasonable and based on a genuine belief that conditions are unsafe
Occupational Safety and Health Act (OSHA):
- If employees reasonably believe they are in imminent danger, they can refuse to work
- In order for this provision to apply, they must have a reasonable belief that serious physical harm or a threat of death is likely to occur immediately or within a short time period
- This does not include a generalized fear of contracting COVID-19, but does include a specific fear of infection based on fact
Another Option: Hazard Pay
- While not mandated by federal law, hazard pay could be an appropriate benefit to offer to essential workers
- This is extra pay for doing dangerous work or working in dangerous conditions.
- If you offer hazard pay, ensure that it is being applied uniformly to employees in similar situations/conditions or you may face discrimination claims
- An example of good candidates for hazard pay include customer-facing employees who cannot socially distance themselves