As we continue looking at tips for helping small to medium businesses deal with COVID-19 in terms of workers' compensation related areas I thought we should focus this week on some areas that are related to restarting your business safely since many areas of our country are beginning to reopen. While each state, county, city, and town are going through the process of reopening at different paces based upon their circumstances and exposures, the tips we are offering are pretty-well applicable across the board.
While some of these things won't seem to have a thing to do with Workers' Compensation, in reality they all do. That's because failure to consider them can potentially result in risks to your employees, and those risks can result in employee injuries and illnesses that turn into workers' compensation claims, as well as potential tort (civil liability) litigation against your business by a patron or customer.
1) Follow Applicable Guidelines
COVID-19 is expected to remain a public health threat according to the Centers for Disease Control (CDC). So, even though 'social distancing' and and 'community containment' has helped to slow the spread of the disease, everyone including businesses and employees of those businesses will need to continue to focus on reasonable efforts designed for mitigation. This means that businesses need to be aware of and follow CDC COVID-19 Guidelines along with guidance from State, County, and Municipal Health Officials.
Employers should conduct regular briefings with management and supervisors to go over the guidelines, and bring everyone up-to-date when any changes are made in any of the recommended or mandated guidance.
2) Concern for the Health of Your Workforce
Recognize that COVID-19 and the health, practical, and economic effects it has had will have impacted each individual differently. As such it will be necessary to consider and address the needs and concerns of the returning workforce. This will include expanding opportunities for workers to have input on problems and concerns related to workplace return. Employers should communicate the plan to ensure the health and safety, of employees and patrons, including social distancing precautions/requirements, personal protective equipment usage, cleaning, disinfecting, hand-washing expectations/procedures, and similar mandates.
Consider worker impact as it relates to their status before workforce reactivation... have they been laid-off, or working part-time, or were they called back early, or were some workers retained the entire time other workers were away from the job? Will some workers require a transition period to re-acclimate to the tasks of the return to work, especially if they will be performing different duties upon return than before departure?
Management or supervisors should conduct pre-shift Health/Safety meetings to communicate updates regarding policies/procedures as well as respond to 'general concerns.' Personal concerns of an employee should be dealt with on a one-on-one basis between the individual and his/her supervisor.
3) Prepare Facilities for Return
Clean facilities before you return. Pay special attention to high-touch areas such as door handles, elevator floor, and call buttons, shared work areas/desks and equipment (like the copy machine), handrails, restrooms, computer equipment, and powered industrial equipment controls and tools. The EPA (Environmental Protection Agency) has a list of Registered Disinfectants (List N) for use against SARS-COV-2 based on known and proven effectiveness with similar viruses.
After opening a workplace cleaning and disinfection process must be implemented on an on-going basis at a minimum after each shift (before the start of the next shift). You may want to consider a contracted cleaning service provider who can provide specialized services such as a misting application of approved disinfecting agents as part of their cleaning services throughout your facilities.
4) Ready Your Facility Systems
Before reopening, especially if you had anyone who was previously exposed to COVID-19, have all of your facility systems checked, and if necessary sanitized appropriately. This will include your HVAC. But even if you didn't have a prior exposure, if you were shut-down for several weeks, you need to probably have your HVAC serviced (as you would on a regular, at least semi-annual, if not more regular, basis) to verify the adequacy of air filtration along with the introduction of fresh air into the system. As a general rule commercial facilities, especially those with high volumes of customers and/or high employee counts typically should have air filtration to the MERV-13 standard. If your system doesn't provide for this level of filtration then consider supplementation with HEPA filter portable room air cleaners before maximizing air quality standards before reopening. The services of a qualified HVAC contractor to assist you with more sophisticated systems such as those with boilers, evaporators, or cooling towers are highly recommended before reopening your business.
Water quality should be considered especially if your facility has been out of operation for several weeks. You should have both the cold and hot sides of your water flushed. A Plumbing or Water-quality contractor should be contacted regarding system chlorination disinfection and flushing post-disinfection of all lines and cold/hot water outlets (faucets, water fountains, ice maker connections, etc.) before use.
5) Assure Operational Validation
Don't assume everything simply goes back to the 'status quo'. You should contact the local government, public safety, fire protection, public utilities, trash, and other service providers to make certain that all prior arrangements and agreements are still in force. For example, don't assume that you still have a 'Business License' with the City, in some instances City business licenses terminate if you 'close your business for any reason for 30-days or longer.'
If you are a restaurant, you are likely going to be required to have a new 'health inspection' even if you simply go from having provided 'take out only' to the addition of 'dine-in service' as well. And don't forget to recheck your returning employee's health/food handlers' permits to make certain they are still valid.
By the way, if you suspended your 'Business Liability coverage' while you were closed-up completely, don't forget to call your insurance man and have that policy reinstated... same with your Workers' Compensation policy.
6) Pre-manufacturing Preparations
Make sure your ready to return to manufacturing if you have been down, this means having all machinery that's been idle checked in terms of deterioration, corrosion, leaks, seal damage, ruptures, and power compliance. Be certain that proper procedures are followed regarding the start-up of idled equipment following the equipment manufacturer's guidelines and standards.
7) Workforce Safeguards - Changing the Way We Work
You must follow all CDC and OSHA guidelines for workplace safety and health.
Employers should make certain that employees who are sick (with coughs, fever, chills, sore throats, muscle pains, headaches, fatigue, shortness of breath, loss of taste/smell) should stay at home NOT report for work.
Implement symptom screening for both employees and customers/patrons per the CDC criteria. You may wish to consult with your legal counsel as it related to the implications of such practices regarding the employment standards in your State. Make certain that your company's policies are 'standardized' concerning issues of health, stay-at-home while sick, and return-to-work practices, and that they are followed per those standards.
Workers should wear protective face masks covering both their mouth and nose when around others. Maintain social distancing of 6-feet whenever possible, if the 6-foot distance is not possible consider barrier guards separating individuals who are working in regimented work locations.
Hand-washing of the hands and wrists with disinfecting soap for 20 to 30 seconds (minimum) should be frequent throughout each work shift, not just after using the bathroom. Make available disinfecting hand sanitizer dispensers and keep them filled so they are available to employees as well as customers/patrons.
Limit in-office gatherings whenever possible, use conference (video) calling services even when in the office to reduce group meetings. Limit travel, especially via public transportation such as airfare.
Consider the type of 'work from home' practices that many employers have been using during the COVID-19 crisis, this means that many employees will continue to work from home or work only part-time at the office. Staggering shifts to reduce workers in the work facility when possible will significantly reduce the risk of health exposures.
8) Consult with your Insurance Professionals
Businesses should take the time to consult with their insurance agents and carriers regarding both their 'liability' and 'workers compensation' coverages before reopening. Make certain your carriers know you are not only going to reopen and the date of your reopening but address any issues or concerns you may have with them before you do so. Know the impact of these special times and the risks that these situations pose, but also garner the advice that these resources have to offer. After all, they are there to help protect you.