How to Protect Onsite and Returning Employees

COVID-19: How to Protect On-Site and Returning Employees

Published 10 April 2020 - ID G00725568 - 9 min read

By Analysts Legal and Compliance Research Team

Initiatives:Risk Management Process and 2 more

Legal and compliance leaders should track updates from authorities to offer ﬂexible protection to those who can’t work remotely and clarify standards people under quarantines must meet before returning. Also, reinforce that discrimination against those who might have had the virus is unacceptable.

On-the-job employees—especially those inThis ess researchential bnoteus iisn restrictedesses l itoke the g rpersonalocery suseto rofe [email protected]., hospitals, medical device manufacturers and logistics and shipping services— run a higher risk of exposure to coronavirus, because in-person interactions are integral to most of these jobs. These workers may also face discrimination when they return to the workplace from self-isolation or medical leave recommended by public health authorities.

If left unaddressed, fear and unfair treatment can hurt employee morale, affect work quality and lead to erosion of trust in the organization. All employers need to consider how to keep employees safe and how to keep them physically and emotionally protected— even if everyone is working from home, these issues are likely to persist when ofﬁces reopen.

How you can help:

■ Offer ﬂexible and creative accommodations for on-site staff

■ Reiterate your return policies to avoid discrimination and harassment

■ Continuously communicate how you are supporting your workforce

Keep Up With Evolving Guidance To take all three of these steps, you’ll need to stay abreast of regulatory updates from public health and labor authorities.

The United States For instance, the U.S. Equal Employment Opportunity Commission (EEOC) conﬁrmed in an updated pandemic preparedness document that the outbreak of COVID-19 meets the “direct threat” standard of the Americans with Disabilities Act, allowing employers to:

■ Take the body temperature of employees coming into the workplace

Gartner, Inc. | 725568 Page 1/7 This research note is restricted to the personal use of [email protected]. ■ Ask whether they have symptoms associated with COVID-19

■ Ask whether they have been tested for it

■ Bar an employee from entering the workplace if he or she refuses to cooperate (Note: the EEOC recommends asking the employee why and trying to assuage the concern before doing this)

Over a quarter of legal and compliance executives told us their companies have implemented temperature checks. One company taking this action at a manufacturing site told us it made employees feel safer coming to work.

The agency warned in a recent webinar that the guidance may change again as the course of the pandemic continues to shift and it’s critical to monitor health authorities’ recommendations. But employee privacy must still be safeguarded. Employers should:

This research note is restricted to the personal use of [email protected]. ■ Keep the identity of employees who have symptoms or diagnoses of COVID-19 confidential. You could alert the rest of the workforce by saying, for instance, that “someone on the third ﬂoor has tested positive”.

■ Never confirm even if coworkers may be able to figure out who has been infected. Saying a person will be working from home without disclosing why is OK.

■ Limit the number of people in your organization who know the name of the infected staff. For instance, ask managers to report cases to a designated member of the management.

Still, during the period that community spread of the virus constitutes a direct threat, employers may disclose the name of an employee who has the disease to a public health authority, according to the EEOC.

Europe The European Data Protection Board clariﬁed that, in the context of COVID-19, an employer in Europe may require health information from staff and visitors, perform medical check-ups, and process related personal data if allowed by national laws. While keeping staff informed of the disease is important, employers should not communicate more information than necessary. Even in circumstances where a country allows disclosure of identity of those who’ve contracted the virus, the employee must be notiﬁed in advance “and their dignity and integrity shall be protected,” Andrea Jelinek, chair of a data protection authorities’ group, said in a statement.

Asia In China, Singapore and Japan, temperature checks are commonly recommended or required by the government. In some locations, the checks would not violate personal privacy and in others, employees would likely give consent, according to the National Law Review. 1

Gartner, Inc. | 725568 Page 2/7 This research note is restricted to the personal use of [email protected]. Offer Creative Accommodations for On-Site Workers The World Health Organization laid out considerations for employers to prevent or reduce COVID- 19 risks, such as developing and agreeing to a response plan when organizing meetings and events. Use that information and guidance from national authorities, such as the U.S. Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) as a starting point, and create guidance that meets your employees’ speciﬁc needs.

In addition to frequent cleaning and disinfection, two popular tactics are:

1. Revising Rules on Personal Protective Equipment

Face masks or not? Employers can’t avoid this issue, even as experts debate whether and how much protection masks offer... 2 “If it makes your employees feel safer and does not create a problem, allow it,” Katherine Dudley Helms, who specializes in employment matters and is ofﬁce managing shareholder at Ogletree DeakinsThis, to researchld us in note an is i nrestrictedterview to. “theTh personale sam usee is of t [email protected] of gloves.”

“One of the biggest mistakes supermarkets made early on was not allowing employees to wear masks…” supermarket analyst Phil Lempert told the Washington Post. 3 “They are starting to be proactive now.”

Walmart, for instance, announced plans on 31 March to provide masks for employees; it may take two weeks to deliver them to all stores and distribution centers 4. The masks will not be N95, because that high-level protection is needed at healthcare facilities, the company said.

Others—like regional retailer ShopRite—didn’t supply gear to staffers but gave them the green light to wear their own at work 5.

2. Making Social Distancing Easier to Implement

Both retail and factory settings are helping workers understand how far to stay away from customers or their colleagues.

In the U.S., Safeway put markers on the ﬂoor to remind employees and customers to keep six feet away from each other at the store 6. U.K. supermarket chain Waitrose began limiting the number of customers in a store at any given time based on the number of cashier lanes at each branch; 7; Costco started letting in no more than two customers per membership card 8.

Louws Truss Inc., a construction materials manufacturer in Washington state, staggered morning and afternoon shifts separated by a 30-minute gap, closed doors between departments to stop people from mingling, and banned all staff from traveling across facilities around the state 9.

Corporate real estate executives also cite reconﬁgured assembly lines with each person handling more steps in the production process, spreading out the distance between stations.

Reinforce Your Return-to-Work Policies and Nondiscrimination Principles

Gartner, Inc. | 725568 Page 3/7 This research note is restricted to the personal use of [email protected]. While the early weeks of the pandemic saw a rise in anti-Asian prejudice because the virus emerged in China, that problem has expanded to include prejudice against employees coming back to work from quarantine. Being treated as a pariah upon return is common, Helms at Ogletree Deakins told us.

“Distancing is good, [but] doing so in an inappropriate manner is not,” she said. To address this, remind staff of your zero tolerance of discrimination or harassment and that disciplinary actions may follow.

Also make it clear to your entire workforce that no employees or third parties are allowed on site if they are known to be sick. Reassure your people that employees under quarantine can only come back to work after meeting the criteria to end self-isolation. If you are in one of the 16 sectors considered to be critical infrastructure— such as food and agriculture, critical manufacturing, and IT — follow the CDC’s new advice, from 8 April, on how to get workers back following potential exposure to the virus. This research note is restricted to the personal use of [email protected].

“So when they see someone in the workplace, they should know [that person] has come through that [standard],” Carol Miaskoff, associate legal counsel of the EEOC, told us in an interview.

An example: In a safe work playbook on its website, manufacturing company Lear Corporation includes speciﬁc returning instructions for both workers who can get a COVID-19 test while quarantined and those who can’t. Lear notes that employees who can’t get a test can only appear on-site if they meet all these three conditions:

■ You have had no fever for at least 72 hours (that is three full days of no fever without the use medicine that reduces fevers)

■ Other symptoms have improved (for example, when your cough or shortness of breath have improved)

■ At least 7 days have passed since your symptoms ﬁrst appeared

The EEOC notes that your company might have to innovate if it requires a doctor’s note that an employee is ﬁt for duty—healthcare professionals are very busy tending to cases now. The commission says new approaches might include accepting a form, stamp or email from a local clinic to certify that a person doesn’t have COVID-19.

Keep Communicating Your Efforts to Support Employees Always explain to employees the reasoning behind your policies, and constantly remind them why they are in place.

That step matters now, and will remain critical in the future when all businesses “come back to a ‘new normal’ and continue to see COVID-19 in waves,” Helms told us.

Gartner, Inc. | 725568 Page 4/7 This research note is restricted to the personal use of [email protected]. When that happens, you may still want to leave hygiene measures in place and continue to encourage sick employees to stay home as a precaution.

“If you have an employee assistance program, you may wish to acknowledge that employees may continue to feel stress from this public health crisis and encourage them to use the support available,” she continued.

Over time, ﬂexibility, creativity and transparency will build trust, which will go a long way to tamp down fear, help your people stay focused and get their cooperation for your pandemic guidance in the future.

By Dian Zhang

Contact Dian with questions or comments

Recommended by the AuthorsThis research note is restricted to the personal use of [email protected]. ■ “Gartner Coronavirus (COVID-19) Resource Center for Legal and Compliance Leaders”

The new coronavirus strain (COVID-19) that emerged in China represents a classic business disruption and means turmoil for employees and work. Organizations must prepare for a potential pandemic because of likely resource shortages if one should strike.

■ Tracking Coronavirus-Related Regulations

In response to COVID-19, governments are rapidly announcing new policies or updating guidance on existing law. Legal and compliance leaders can learn how to effectively track coronavirus- related regulations and government stimulus beneﬁts.

■ COVID-19: Inoculate Your Workplace Against Racism

A pandemic, or even the looming potential of one, can fuel fears and xenophobia; anti-Asian sentiment has surfaced in the wake of disease that emerged in China. Legal and compliance leaders must combat online misinformation with credible facts and remind employees that respect for all is critical.

Endnotes 1. The Latest COVID-19 Conundrum: Can Employers Institute Temperature Checks at Workplaces? The National Law Review

2. Retailers Under Growing Pressure to Let Workers Wear Masks, The New York Times

3. Grocery workers are beginning to die of coronavirus, The Washington Post

Gartner, Inc. | 725568 Page 5/7 This research note is restricted to the personal use of [email protected]. 4. Stores are scrambling to get masks for their workers. It’s no easy task, CNN Business

5. What grocery stores are doing to protect workers during coronavirus outbreak, New York Post

6. Safeway, King Soopers adding social distancing ﬂoor decals, sneeze guards in stores to combat coronavirus, Denver Post

7. In lockdown Britain, supermarkets limit customers to enforce social distancing, Reuters

8. Costco to limit how many people per membership can enter clubs due to COVID-19 starting Friday, USA Today

9. Coronavirus Pushes Factories to Stagger Shifts, Separate Workers, Wall Street Journal

Recommended For You Tracking Coronavirus-Related RegulationsThis research note is restricted to the personal use of [email protected].

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How Legal Should Respond to the Coronavirus: 3 Conversations to Have Right Now What Roles Are Legal Leaders Playing in the COVID-19 Response?

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