Feature Article
COVID-19 (Coronavirus) Lawsuits Are Coming Important Message from Rick Alaniz...
C
OVID-19 is affecting all aspects of our lives. Numerous businesses have been hit with a barrage of accusations that they are not doing enough to prevent employees from potentially being exposed COVID-19. Some facilities have even temporarily shut down as the result of symptomatic employees while others may need to do so in the future. The lawsuits are just beginning, and no industry is immune. Walmart has recently been sued after an employee died after contracting COVID-19 (they claim that he got it at work). Since then Walmart has changed its procedures to take employee temperatures, provide gloves and masks for employees, and more closely follow recommendations from the CDC. There will be more lawsuits like this one. There are a number of steps that all companies should consider to reduce the risk of employee exposure as well as potential lawsuits: • Call your worker’s compensation insurance provider to ensure that they are prepared to address any COVID-19 related claims in your workplace.
• Make efforts to obtain masks and other protective equipment. If you are able to obtain masks, then you should require employees to wear them. If you cannot obtain sufficient masks, then you should suggest employees wear masks or other cloth coverings that they bring from home if possible.
• Any reusable face masks should be laundered before each use.
• Follow all CDC recommendations to the extent that it is possible at your operation.
• Continuously speak with your employees about the steps that you are taking to reduce the risk of spreading COVID-19 in the workplace.
• Post the OSHA poster on COVID-19 in your workplace and follow the recommendations within (it is available here
https://www.osha.gov/Publications/OSHA3994.pdf).
• Practice distancing to the extent operationally possible. • Provide tissues and no touch trash cans. • Place additional hand sanitizing stations in the facility and encourage employees to thoroughly wash their hands.
• Advise employees to check for the symptoms of the coronavirus at home.
• Try to space out or limit the number of employees in lunchroom or other places where employees may gather, such as in hallways or entryways.
• When there is a positive in the workplace, you should. *
Try to identify the employees
that may have been exposed *
Alert these employees that they may
have been exposed to COVID-19 10 ❘ May 2020
® FIRELINE, Inc.
300 Andrews Avenue, Youngstown, OH 44505 Phone 330.743.1164 Fax 330.743.3117 Email
sales@fireline-inc.com
*
Continue to monitor employees and send them home if they are exhibiting symptoms of COVID-19
Train employees to recognize areas or practices that could spread the virus and develop responses when an employee fails to follow best practices to prevent the spread of the virus.
Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833- 2200 or
ralaniz@alaniz-law.com.
• Quality • Reliability • Experience
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