Keeping people safe in your business | 13 things you need to know
Friday, June 19, 2020 at 01:37PM 
How can you keep people safe in your business?
None of us have been through anything like this. We all are trying to figure it out.
Business people have asked how they should manage the health risks of doing business during the pandemic. They also have asked about employee health screening and what happens if an employee tests positive for COVID-19.
As part of my legal webinar series, Ask Alan Anything, Austin Ramirez, Lane County Economic Development Manager, consulted with Lane County Public Health and the Oregon Health Authority to answer 13 questions from business people.
These questions and the health authorities’ responses are set out below.
General
1. If a business implements all present guidances (social distancing, masks, hand washing, work from home), what risks remain and what further steps are needed?
It is important for businesses to implement current guidances for workplace and customer safety and to mitigate the risk as much as possible. Depending on the nature of the business, some may not feel that a return to normal is possible or safe and have chosen to remain closed or operate with significant changes. - Austin
The guidances Oregon businesses need to follow are located at the links that follow. Links to national resources and industry specific information are also set out below. ~ Alan
Oregon Rules. Oregon rules and guidances can be found at the following links.
https://govstatus.egov.com/or-covid-19/
https://govstatus.egov.com/OR-OHA-COVID-19
https://www.oregon.gov/boli/employers/Pages/COVID-19-resources.aspx
https://osha.oregon.gov/covid19/Pages/default.aspx
National & Sector Specific Information. Links to information to help you meet and exceed the standards for doing business in your state and local community are set out below.
https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html
https://www.uschamber.com/reopening-business
https://www.nsc.org/work-safety/safety-topics/safe-actions-for-employee-returns-safer
PPE Use & Training. For information and training materials on the proper use of PPE, go to the link that follows.
https://www.3m.com/3M/en_US/worker-health-safety-us/covid19/#fit-test-resources
Industry Recommendations. For recommended practices for your specific industry, go to the web pages for your state and national industry associations.
2. What requirements do businesses have with respect to assisting with COVID-19 contact tracing if requested by health authorities?
This depends on the nature of each case and the type of business. For businesses with customer interaction (restaurants or retail for example), voluntarily requesting basic customer information (name, date of visit, phone number) can expedite the contact tracing process and prevent a public announcement of an exposure location. A contact tracing information form is available from Public Health if a business chooses to do this. Fully cooperating with the contact tracing process is key to preventing further COVID transmission as quickly as possible.
3. How much personal accountability by employees to keep themselves safe from the virus are businesses able to expect?
Employees are expected to follow all relevant guidances while in the workplace. Employers can provide education and resources to promote and encourage these practices.
This is a real problem with many employees. Employees wear face coverings and socially distance during working hours then gather in groups during meal breaks and before and after work. Let your employees know they should social distance, wear face coverings and be safe 24/7.
4. What safety measures could companies implement to enable us to open and operate successfully in future pandemic occurrences?
Businesses can look to the requirements from Phase 1 and 2 as examples of safety measures to expect for future pandemics. Consulting companies like McKinsey are also starting to highlight ways different industries are starting employee re-entry:
It is also worth noting the common factors that have allowed businesses to be resilient during this time: an ability for workers to work remotely, an emergency operations plan in place prior to an event, building financial reserves, an ability to engage customers digitally, and an ability to deliver services digitally. These are all things a business can work on to improve resilience for future events.
You can also look at the guidances and links listed in response to question number 1.
Employee Health Screening
5. Are business owners accountable for screening their employees for COVID-19? What should we do/not do?
It is not required by the State at this time, although some businesses choose to screen for symptoms (fever, cough, shortness of breath). Those with symptoms should stay home until symptoms have been resolved, and fever has been resolved without medication for at least 72 hours, or at least 14 days after contact with a person sick with cough, fever, or diagnosed COVID-19.
Although not required, employee health screening is a good preventative strategy for avoiding lawsuits. The U.S. Chamber of Commerce has put together an excellent guide that is available at the link below.
https://www.uschamber.com/sites/default/files/coronavirus_employeequestionnaire_final.pdf
6. For a small office (<25 people), what's the best way to conduct/record temperatures yet keep high-temp info private if someone's temp is of concern?
Some businesses have reported that temperatures are conducted by an HR professional to maintain privacy. Others have employees self-conduct temperature checks.
7. Am I allowed to make all employees take a COVID-19 test before we open?
This may not be possible, as current testing must still be ordered by a primary care physician.
Positive Tests
8. How do businesses determine whether an employee that tests positive contracted COVID-19 in the workplace?
The business is not responsible for making this determination. During the contact tracing process, Public Health will confidentially contact individuals who have been within close contact (as defined by OHA) of the person who tested positive.
If an employee tests positive, contact a knowledgeable lawyer. There is information we will want to gather to protect you from potential lawsuits as a result of any positive test.
9. If an employee tests positive for COVID-19, do we have to send all employees home to quarantine?
This varies on a case by case basis and is dependent on findings from the contact tracing process.
The county health authority will tell you what to do.
10. If an employee tests positive for COVID-19, what will health authorities require us to do?
This varies on a case by case basis and is dependent on findings from the contact tracing process. It is in the best interest of the employer, employees, and customers that businesses cooperate with the contact tracing investigation if contacted by Public Health.
11. If an employee tests positive for COVID-19, will it be presumed (with or without tests) that everyone in the employee’s household is also positive?
When an individual tests positive, the household is asked to quarantine and is monitored daily. Testing may be done if needed.
There have been reports that when an employee tests positive, everyone in his or her household are counted as “presumed” positive and that all of them are counted as having COVID-19 at that employer. One positive employee could be counted as 2, 4 or more.
12. How do you balance contact "tracing” needs with privacy concerns?
Information gathered by Public Health during contact tracing investigations is confidential. In certain instances, a business (not an individual) may be publicly identified as a location of exposure if necessary to notify the public.
13. How do we balance HIPA laws with the need to let people know about potential exposure with another employee?
Employers do not notify employees of this. As a result of contact tracing findings, Public Health will notify individuals who have been in close contact (as defined by OHA) with someone who has tested positive.
This is great information for all business people and all employers. Thank you Austin and thank you to Lane County Public Health and the Oregon Health Authority.
If you would like information on future Ask Alan Anything webinars and other tools and resources for employers and business people, subscribe to our LegalBriefs newsletter at the link below.
This article, the Ask Alan Anything legal webinars, LegalBriefs and other business resources are provided as an educational courtesy by me, Oregon Business Lawyer Alan Thayer. I welcome your questions and comments.
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