If an employee becomes ill with COVID-19 symptoms, they may request for paid sick leave under the FFCRA only to seek a medical diagnosis, or self-quarantine only if advised to do so by a healthcare provider. If tested positive, the employee may continue to take paid sick leave. This does not apply for illnesses unrelated to COVID-19—though employers may allow them to telework at their discretion. You may not take paid sick leave under the FFCRA if you unilaterally decide to self-quarantine for an illness without medical advice, even if you have COVID-19 symptoms.
Under the circumstances existing currently, the ADA has specifically allowed employers to bar an employee from physical presence in the workplace if he refuses to have his temperature taken, refuses to answer questions about whether he has COVID-19, has symptoms associated with COVID-19, or has been tested for COVID-19 and is positive.
If the employee claims under the ADA that they have a medical reason for refusing a temperature check, the employer can still bar them from entering the workplace. However, their reason should be documented and accommodation should be provided to the employee (i.e. work from home). If accommodations of any sort are not possible, then the employee will be on unpaid leave. They can also be fired if the role cannot stay unfilled.
The simple answer is “no”. The Genetic Information Non-Discrimination Act (GINA) prohibits employers from asking employees medical questions about family members, and it is still in force. GINA does not prohibit employers from asking employees whether they’ve had contact with anyone who has been diagnosed with COVID-19 or may have symptoms associated with the disease. The CDC also recently issued guidance that explained, from a public health perspective, that only asking an employee about their contact with family members would unnecessarily limit the information obtained about the employee’s potential exposure to COVID-19. So, employers should not only ask about family but about everyone. In fact, they should remove the word “family” from their attestation. Asking this question shows due diligence, best practice, and care for other employees.
Referring to a case involving Cal/OSHA and frozen foods manufacturer Overhill Farms Inc. and its temporary employment agency Jobsource North America Inc., employers failed to protect hundreds of employees from COVID-19 at two plants in Vernon. This was due to the lack of physical distancing procedures among workers including where they clock in and out of their shift, at the cart where they put on gloves and coats, in the break room, on the conveyor line, and during packing operations. Each employer accrued over $200,000 in proposed penalties.
The employers did not take any steps to install barriers or implement procedures to have employees work at least six feet away from each other and they did not investigate any of their employees’ COVID-19 infections, including more than 20 illnesses and, in the case of Overhill Farms, one death.
Other violations that put workers at risk of exposure to COVID-19 include the failure by both employers to train employees on the hazards presented by the virus and failure to investigate any of the more than 20 COVID-19 illnesses and one death Cal/OSHA uncovered amongst their employees. The employers did not adequately communicate the COVID-19 hazards to their workforce, and Overhill did not report a COVID-19 fatality to Cal/OSHA.
Illnesses must be investigated and additional protective measures implemented. Serious illnesses and deaths must be reported to Cal/OSHA. Employers should also notify workers of possible exposure and report outbreaks to county public health officials.
The Centers for Disease Control and Prevention has laid out new workplace strategies for COVID-19-related violence prevention in order to avoid conflict if customers refuse to adhere to safety protocols being enforced by employees.
The CDC has posted information on limiting workplace violence related to retail and service businesses’ COVID-19 prevention policies. This information is also intended for other customer-based businesses, including department stores, grocery stores, gas stations, and restaurants that are opened and have implemented state, municipality, and company-directed Coronavirus prevention policies.
The policies that may prompt violence toward workers include requiring masks to be worn by employees and customers, asking customers to follow social distancing rules, and setting limits to the number of customers allowed in a business at any given time.
The CDC defines workplace violence as “violent acts, including physical assaults and threats of assault, directed toward persons at work or on duty.” Workplace violence includes:
Employers are encouraged to take the following actions to prevent workplace violence:
As part of the training, employees often learn verbal and non-verbal cues that may be warning signs of possible violence. Verbal cues can include speaking loudly or swearing. Non-verbal cues can include clenched fists, heavy breathing, fixed stare, and pacing, among other behaviors. The more cues have shown, the greater the risk of violence.
During training, employees also learn how to appropriately respond to potentially violent or violent situations. Responses range from paying attention to a person and maintaining non-threatening eye contact to using supportive body language and avoiding threatening gestures, such as finger-pointing or crossed-arms.
Basic “dos” for employees to prevent workplace violence include:
Basic “don’ts” for employees to prevent workplace violence include:
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