On Thursday April 16, 2020, President Trump unveiled his "Guidelines for Opening Up America Again." The Centers for Disease Control (CDC) and several state and local health authorities have issued requirements and instructions regarding when and how to implement the Guidelines to get people back to work and provide some initial topics for employers to consider prior to reopening. Masuda Funai is publishing a series of articles addressing the business, human and safety aspects that employers will need to consider as part of each company's individualized reopening plan. Please reach out to your relationship attorney with any questions.
Today's article will discuss the "Returning to Work" considerations with respect to:
Personal Protective Equipment for Employees and Visitors: The personal protective equipment (PPE) that employees need depends on the type and location of work being performed. At a minimum, all employers should:
Employee Temperature and Wellness Checks: The Americans with Disabilities Act (ADA) permits medical inquiries and tests when "job-related and consistent with business necessity." The Equal Employment Opportunity Commission has stated that temperature checks and similar non-invasive checks are appropriate to prevent the spread of Covid-19, based on the recommendations of the CDC and local health departments.
Use of and Changes to Common Areas: To promote physical distancing and reduce the risk of another round of shutdowns, all employers should review their physical work places, traffic flows and operations, including:
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