Is it Safe to Return to Work Amid the COVID-19 Pandemic?

  • Posted on May 27, 2020

As states move forward with their targeted phases of reopening, the debates and questions about reopen readiness are never-ending. The most frequently asked question, “Is it safe to ‘reopen America’?”. Secondly, “Do the perceived benefits to resume economic activity outweigh the perceived public health risks?”. It’s no secret that coronavirus is still spreading widely across the U.S. Further, it’s no secret that the U.S. has a lot of work to do regarding the testing and contact tracing capability to support patients, and to warn contacts of exposure in order to stop chains of transmission.

But what about you? The worker. The time is vastly approaching that workers who are currently working remotely from home, furloughed, or temporarily laid off will be required to return to the workplace. And you, the worker, are still on the fence about whether it’s safe or not to return. Just know that companies are inundated with information from various enforcement agencies and medical authorities that are providing guidelines/protocols to ensure the workplace is safe for workers. Most employers are working diligently to create/update plans to reduce the risk of worker exposure to SARS-CoV-2, the virus that causes COVID-19, in their workplace. Those plans include, but are not limited to, the following:

* Develop an Infectious Disease Preparedness and Response Plan

* Prepare to Implement Basic Infection Prevention Measures (For example, promoting frequent and thorough hand washing, encouraging workers to stay home if they are sick, establishing a work environment requiring social distancing, installing sanitation stations, requiring/encouraging face masks/coverings, installing temporary clear plastic panel barriers, and discouraging workers from using other workers’ phones, desks, offices, or other work tools and equipment).

* Develop Policies and Procedures for Prompt Identification and Isolation of Sick People (For example, informing and encouraging employees to self-monitor for signs and symptoms of COVID-19 if they suspect possible exposure).

* Develop, Implement, and Communicate about Workplace Flexibilities and Protections

* Implement Workplace Controls

* Follow Existing OSHA Standards

Think about the employer’s plans to reduce risks like this… The same way you have had to assess cleaning and disinfecting those high touch areas in your home, car, etc. continuously – your employer is tasked with doing the same. Your employer will be taking the necessary steps to make sure guidelines provided by The U.S. Department of Health and Human Services’ Center for Disease Control and Prevention’s (CDC) – Coronavirus Disease 2019 (COVID-19) for cleaning and disinfecting facilities (https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html) are implemented.

Most recently I had an appointment with my dentist. I was notified upfront via a text message that they were working under new guidelines. As you will see from the image below, I was sent a wellness form with a series of questions to answer.

The questions included the following:

* Do you have a cough?

* Do you have a fever now or have you in the past 14-21 days?

* Have you come in contact with any confirmed COVID-19 positive patients in the last 14 days?

* Are you experiencing shortness of breath or difficulty breathing?

* Are you experiencing other flu-like symptoms, such as gastrointestinal upset, headache, or fatigue?

* Have you experienced recent loss of taste or smell?

* Are you over the age of 60?

* Do you have heart disease, lung disease, kidney disease, diabetes or any auto-immune disorders?

* Have you traveled in the past 14 days to any regions affected by COVID-19 (as relevant to your location)?

Your employer will more than likely be conducting comparable assessments (to include temperature checks) of its’ employees to ensure your safety as well as the safety of customers, patients, and workplace visitors.

If you have special considerations or concerns related to returning to your workplace, read the recently-passed Families First Coronavirus Response Act (FFCRA), which was intended to sustain the U.S. economy during the pandemic, it includes some new or expanded worker protections that last through Dec 31, 2020. Other federal laws that could grant you some legal protection include the Occupational Safety and Health Act (OSH Act). The Occupational Safety and Health Act (OSH Act) grants workers the right to refuse to work if they believe workplace conditions could cause them serious imminent harm. For more information, please visit https://www.osha.gov/SLTC/covid-19/. Then there’s the National Labor Relations Act (NLRA). For more information, please visit https://www.nlrb.gov/news-outreach/news-story/covid-19-operational-status-update. And, the Americans with Disabilities Act. For more information, please visit https://www.ada.gov/.

Wondering if you can collect unemployment assistance if you quit your job because your employers is requiring you to return back to the workplace, and you are fearful to do so because of safety concerns? First, I would advise you to share your specific concerns with your employer. Employers are working with their employees on solutions that can mitigate the concerns of their employees. If you do not believe your concerns will be addressed according to your comfort level, I would recommend you review the website for your local unemployment authority such as the Texas Workforce Commission’s COVID-19 Resources Job Seekers and Self-Employed Texans and the CARES Act for pertinent information.

Stay safe. Stay well.

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