The Workplace Has Reopened – Now What?-Slide Deck

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The article discusses the challenges faced by employers and employees as workplaces reopen following the COVID-19 shutdown. It covers various topics including workplace safety issues, medical testing and inquiries, refusals to return to work, requests for accommodation and leave, handling employees who test positive for COVID-19, confidentiality of medical information, and potential litigation issues.<br /><br />In terms of workplace safety, employers are required to provide a safe working environment and should follow guidelines provided by OSHA and the CDC. This may involve modifying the physical workplace, implementing infection control measures, and enforcing social distancing and other administrative controls.<br /><br />The article also discusses the legality of medical testing and inquiries for employees, applicants, and their family members. Employers can require medical testing, including temperature checks and testing for COVID-19 symptoms, but must comply with the ADA and other regulations related to disability-related inquiries.<br /><br />Employees who are high-risk, pregnant, living with high-risk family members, or have childcare issues may refuse to return to work. Employers should evaluate each employee's concerns and provide reasonable accommodations if necessary. Similarly, employees who require accommodations due to a medical condition should engage in an interactive process with their employer to determine suitable accommodations.<br /><br />The article also outlines the obligations of employers under the FFCRA, including providing paid sick leave and expanded family and medical leave for employees affected by COVID-19.<br /><br />In the event of an employee testing positive for COVID-19, employers should focus on individual contact tracing, implement appropriate cleaning procedures, and follow CDC guidance for ending isolation. Employers must also ensure confidentiality of the infected employee's medical information.<br /><br />The article concludes by emphasizing the importance of documenting actions, keeping track of safety measures, and being prepared for potential litigation. Employers are advised to take real-time evidence of actions taken to protect employees' safety and comply with regulations.<br /><br />For further information or questions, readers are directed to contact the authors listed at the end of the article.

Keywords

workplace reopening

COVID-19 shutdown

workplace safety

medical testing

refusal to return to work

accommodation and leave

employees testing positive

confidentiality of medical information

litigation issues

FFCRA obligations