COVID-19 Reopening Readiness Guide for Employers

As Governor Newsom and local government officials begin relaxing Stay-At-Home orders, California employers will want to plan for employees' potential return to work at their offices and worksites. Governor Newsom's recent announcement that "Stage 2" of his proposed 4-Stage reopening plan could allow for a gradual opening of lower-risk workplaces, with some retail, manufacturing and logistics sectors opening first, followed later by sectors such as offices and dine-in restaurants. This article provides a summary of the primary guidance offered by the CDC, Cal/OSHA, and other agencies.

1. Have a Plan and a Team.

Employers may wish to appoint and announce a COVID-19 coordinator or a team for centralized and consistent handling of all COVID-19-related questions. Early and clear communications regarding the employer's plan for employees, including any new policies applicable to employees when they return, may ensure a smoother return to work for both the employer and employees.

While each employer's circumstances may differ, Cal/OSHA has offered the following suggestions regarding worksite specific plans:

On May 14, 2020, the CDC issued a package of six decision trees or tools to assist employers making reopening decisions during the COVID-19 pandemic. The flow chart for workplaces can be found here. Similar decision trees are available for schools, restaurants and bars, mass transit, child care programs, and youth programs and camps.

2. Keep Up-to-Date on All Applicable Federal, State and Local Orders.

Businesses should be mindful that they may be covered by different orders set by federal, state and/or local governments. In other words, even though Governor Newsom may decide to move California as a whole into Stage 2, counties and cities may choose to move slower (or faster if localities meet certain requirements set by Governor Newsom) in easing restrictions. Also, guidance from the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and others provides rapidly changing and updated information that should be checked as appropriate as information about COVID-19 develops.

3. Prepare the Physical Workspace.

Employers will want to consider a number of issues to prepare their physical workplaces for the physical return of employees to the worksite, including this cleaning and disinfecting protocol checklist offered by Cal/OSHA:

4. Precautions to be Taken After Reopening.

To promote safe practices in the workplace, employers may wish to consider a number of physical distancing guidelines. While circumstances may differ by employer, the California Department of Industrial Relations provides the following considerations:

5. Reduce Possibility of COVID-19 Infection.

Pursuant to Governor Newsom's Executive Order N-62-20, available here, any COVID-19-related illness of an employee is "presumed" to arise in the course of employment for purposes of workers' compensation if, among other conditions, the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that employee performed labor or services for the employer. (Note, this presumption does NOT apply to work performed remotely at an employee's residence). Some considerations to help reduce the possibility of COVID-19 infection in the workplace could include:

• Informing employees of free offerings of local COVID-19 tests and/or antibody tests.
• Some local orders require or encourage temperature checks for all employees prior to entering the workplace. This implicates a number of legal compliance issues, so employers should work with legal counsel in implementing temperature checks or other medical screenings.
• Asking employees to self-isolate or quarantine if they experience COVID-19 related symptoms before they return to the worksite.
• Requiring or encouraging face coverings for all employees.
• Compliance with various reporting requirements for employees who test positive for COVID-19.
• Prompt response to a report of any possible COVID-19 infection and potential exposure.

6. Employer Policies and Legal Compliance.

Employers should also consider whether their personnel policies need to be updated in light of the COVID-19 pandemic, including the following:

• Sick leave policies.
• Disability policies.
• Family care policies.
• Telework policies.
• Employee handbooks.
• Required posters.

In evaluating reopening plans, employers should be guided by the general principles of advance planning, communication, safety and responsiveness by following updated federal, state and local recommendations.