Sponsored by LAMBERT LAW 407 6 th Street Suite A Rochester MI 48307 248 6427774 Bradlambertplccom Topics for May 12 2020 Relevant Authorities Classifying Worker Risk Employee Daily Screening ID: 816580
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Rebooting your business in safe mode – May 12, 2020
Sponsored by LAMBERT LAW
407 6
th
Street, Suite A
Rochester, MI 48307
(248) 642-7774
Brad@lambertplc.com
Slide2Topics for May 12, 2020Relevant AuthoritiesClassifying Worker RiskEmployee Daily Screening
Employer DisclaimerElements of the Preparedness PlanCautious Objectors (Lite)
Slide3Relevant authoritiesGovernor’s Executive OrdersEO 36 – Work PoliciesHealth care workers, others excludedEO 70 – Latest Stay at Home Order
General Legal AuthoritiesFamily Medical Leave ActFamilies First Coronavirus Response ActEmergency Paid Sick Leave Act
HIPPAPaid Medical Leave ActOSHA Guidance Preparing Workplaces
Slide4Classifying worker riskLOWER EXPOSURE RISKInfrequent contact with PublicEngineering Controls not recommended
Consider face masks or shieldsCommunicate COVI-19 InformationPPE for COVID-19 not recommendedEO 2020-70 ¶ 15 requires face masks
MEDIUM EXPOSURE RISKFrequent contact with PublicPhysical barriersConsider face masks or shields
Limit public access to worksite if possibleMinimize Face to Face contactPPE – consider need for face masks, gown, gloves or even goggles
Slide5Classifying worker riskHIGH OR VERY HIGH RISK
High potential for exposure to known sources of COVID-19Install appropriate air-handling systemsIsolation RoomsGroup COVID-19 Patients
Enhanced Medical MonitoringPPE –face masks, gown, gloves or even respiratorsNEXT UP: Employee Screening
Slide6Employee daily screening1. Are you currently suffering from any of the following symptoms – fever, cough, shortness of breath, sore throat, new loss of smell or taste, and/or gastrointestinal problems, including nausea, diarrhea, and vomiting?
2. Have you lived with, or had close contact with, someone in the last 14 days diagnosed with or displaying the symptoms of COVID-19?3, Have you travelled via airplane internationally or domestically in the last 14 days?a. Use touchless thermometer if available.b. If yes to any question, access is denied
Slide7Employer DisclaimerI acknowledge that COVID-19 represents a serious health threat to persons exposed to it. I acknowledge that my employer is employing precautions recommended by the CDC to reduce exposure to COVID-19 and does not guarantee that I will not be exposed to COVID-19.While on site, I will comply with the employer’s rules and procedures for reducing employee exposure to COVID-19.
Slide8COVID-19 Preparedness and Response Plan - PrinciplesContinual monitoring of government guidanceEncourage employee use of designated representativeDistribute Preparedness and Response Plan
Severity of elements depends upon Risk ClassificationGoverned by EO 2020-70Particularly - Paragraphs 11, 12 and 15 Promote remote work to fullest extent possible
Slide9COVID-19 Preparedness and Response Plan - ElementsRestrict # of workers to strict necessitySix feet social distancing to maximum extent possibleProhibit large gatherings
Increase standards of facility cleaning and disinfectantMust provide PPE in accordance with CDC classificationsProtocols for sharing tools and equipmentSpecial rules for construction (¶11i) and Stores (¶12)
Slide10Cautious Objector – OverviewGoverned by EO 2020-36Public Policy exception to “at will” is triggered ¶1Applies regardless of # of employees ¶7Employee can’t be required to work if -
Tests positive for COVID-19 or show symptomsClose contact with person who tests positive for COVID-19 or shows defined symptomsInapplicable to Health care workers, first responders, others ¶3Pending case example – worker who could telecommute
Slide11Preview of Coming ATTRACTIONSCautious Objectors – Detailed ReviewUpdates and Ongoing Developments
Return to Work requirements for COVID-19 Positive employeesEmployee Leave/FMLA and ADA applicabilityEmployee Files and recordsWorkers Compensation applicabilityEmployee legal claimsContinued monitoringExpiration or phase-out of requirements
Slide12LAMBERT LAW LEGAL SERVICESEmployment LawReal Estate Business and Commercial
Personal Injury (Dan)Estate Planning and ProbateIntellectual propertyLitigation in these disciplines