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On July 2, 2020, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) supplemented its prior COVID-19 guidance (Guidance on Preparing Workplaces for COVID-19 and Guidance on Returning to Work) with additional FAQ guidance covering topics such as best practices to prevent the spread of COVID-19 infection in the workplace, workplace testing, and worker training. Though the guidance is not a standard or regulation itself (and therefore creates no new legal obligations for employers), it provides practical answers to actual inquiries OSHA received from the public regarding COVID-19 and workplace safety, and refers to pertinent Centers for Disease Control and Prevention (CDC) guidance and applicable OSHA standards for employers to consider.

OSHA grouped the FAQs by topic for easy navigation. Several of the key FAQs for employers are summarized below.

General Information

What precautions can employers in non-healthcare workplaces take to protect workers from COVID-19?

Employers should assess worker exposure to hazards and risks and implement infection prevention measures to reasonably address them consistent with OSHA Standards. Such measures could include:

  • Promoting frequent and thorough handwashing or sanitizing with at least 60% alcohol hand sanitizer;
  • Encouraging workers to stay at home if sick;
  • Encouraging use of cloth face coverings;
  • Training employees on proper respiratory etiquette, social distancing, and other steps they can take to protect themselves;
  • Considering using stanchions, temporary barriers, shields, and spacing out workstations to help keep workers and others at the worksite at least 6 feet away from each other;
  • Cleaning and disinfecting frequently touched surfaces (e.g., door handles, sink handles, workstations, restroom stalls) as much as possible, but at least daily.

Employers subject to OSHA’s PPE standard must also provide and require the use of personal protective equipment (PPE) when needed, and must conduct job hazard assessments to determine the appropriate type and level of PPE required.

The US Department of Labor and US Department of Health and Human Services’ Guidance on Preparing Workplaces for COVID-19 and OSHA’s Prevent Worker Exposure to COVID-19 alert provide more information on steps all employers can take to reduce workers’ risk of exposure to SARS-CoV-2. Learn more about preventing the spread of COVID-19 from OSHA and CDC.

Cleaning and Disinfection

How should I clean and disinfect my workplace?

Employers should review the CDC’s updated information about cleaning and disinfecting public spaces, workplaces, businesses, schools, and homes.Continue Reading OSHA Publishes New FAQ Guidance on COVID-19 in Response to Public Inquiry

As we approach our 20th video chat in this series, we hope you have found these quick and bite-sized video chats with our employment partners helpful and informative. These Q&A-styled sessions offer targeted insights into the most timely and critical issues that US employers are facing as they navigate the COVID-19 pandemic. Combined with our…

On June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act into law. The Flexibility Act amends the Paycheck Protection Program (PPP) provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in several important ways, including by giving borrowers more time to spend loan funds and still obtain forgiveness, increasing the amount of non-payroll costs that may be forgiven, and creating two new “safe harbors” that allow borrowers to achieve full forgiveness despite reductions in employee headcount or wages.

Congress enacted the PPP provisions largely to allow small businesses to meet their payroll obligations and avoid layoffs during the pandemic. To encourage businesses to keep their workforces and payrolls intact, the CARES Act provides that employers who do not reduce headcount or wages and salaries during certain measurement periods may qualify for forgiveness of their PPP balances. However, under the CARES Act as originally enacted, forgiveness is reduced or eliminated if employers lay off workers or reduce their wages.

One of the new “safe harbors” allows employers who have been unable to operate at the same level of business activity as a result of compliance with COVID-19 related federal safety guidelines and closure orders to obtain full forgiveness even though they have reduced employee headcount. But if employers can fit within the Flexibility Act’s new safe harbor, is it really “safe” for them to do so? We offer insight below.
Continue Reading Is it Safe to Rely on the PPP Flexibility Act Safe Harbor for Reduced Activity Levels?

Across the country, minimum wage rates will increase July 1 in several counties, cities and states. A few jurisdictions have postponed their scheduled increases in light of the COVID-19 global pandemic, but most jurisdictions have not, and employers will need to implement the higher minimums by month’s end. Below we summarize for you the upcoming increases.

California

The Bay Area cities of Hayward and San Carlos voted to delay their local minimum wage increases until January 1, 2021. Other jurisdictions are considering delays, but for now, local minimum wages will increase in the following jurisdictions effective July 1, 2020.Continue Reading Minimum Wage Increases in July 2020: Are You Prepared?

The COVID-19 pandemic is forcing companies to re-examine their work from home or remote work policies. There is no one size fits all plan. Many companies have moved rapidly to a remote workforce during the pandemic, often with employees relocating to (or been stranded in) locations outside of their normal worksites. For some, remote work…

Even though vacation plans may be hampered by face coverings and social distancing this summer, US employers are still likely to see requests for time off from employees who want to step away from sheltering-in-place and visit reopening regions. But while employers may agree that their employees should take a break from work, they shouldn’t agree to putting other employees or customers at higher risk of catching COVID-19 when a traveling employee returns.

What can US employers do-without crossing the line-to keep tabs on vacationing US employees? We address some common questions in the following Q&A.

Q.  Can I ask my employees about their travel plans when they request vacation time? Or can I ask them where they went when they return from vacation?

A.  Yes, you can ask employees requesting vacation time to disclose their travel plans (or ask employees where they traveled once they return). The key is to make sure the information you’re requesting is in accordance with business necessity and that you are asking for the information in a non-discriminatory manner.

Business necessity: Employers have a general duty under Section 5(a)(1) of the Occupational Safety and Health Act to ensure that the workplace is free from recognizable hazards likely to cause death or serious physical harm. Keeping the workplace and employees free from cases of COVID-19 provides the business justification employers need to ask where employees are going during their time off. If your workforce is still working remotely, you have a business justification to make sure your employee travels with a company laptop or other necessary equipment should the employee become stranded or be required to quarantine upon return. Employees may want to know why you’re asking about their personal vacation plans; be prepared to explain why you’re asking.Continue Reading What the Traveler Saw: Handling Employee Vacation Requests During COVID-19

We hope you have found our video chat series helpful and informative. We are continuing this series of quick and bite-sized video chats, where our employment partners team up with practitioners in various areas of law to discuss the most pressing issues for employers navigating the return to work. Each 15-minute Q&A session offers targeted…

We hope you found our first three weeks of video chats to be helpful and informative. Due to popular demand, we are continuing this series of quick and bite-sized video chats, where our employment partners team up with practitioners in various areas of law to discuss the most pressing issues for employers navigating the return…

US employers are rethinking how and where their employees work as a result of COVID-19 and shelter in place orders. Whether your company is considering rolling out telecommuting options for the first time or has allowed telecommuting for years, setting expectations and establishing clear guidelines is critical for your workforce.

Here are 10 key ingredients…

On May 6, 2020, Governor Newsom issued Executive Order N-62-20, creating a rebuttable presumption that an employee’s COVID-19-related illness arises out of employment for purposes of obtaining workers’ compensation benefits. This is not the first order of its kind; other states including Alaska, Michigan, Minnesota, Missouri, Utah, and Wisconsin, have imposed similar rebuttable presumptions. However, most of these jurisdictions have limited the rebuttable presumption to first responders. California’s order doesn’t.

At the federal level, House Democrats are looking to follow suit, proposing a similar presumption for certain federal workers under the Health and Economic Recovery Omnibus Emergency Solutions Act (the “HEROES Act”). If enacted as proposed, the HEROES Act would create a presumption that certain federal employees who contract COVID-19 did so in the course and scope of their employment if the employees have a risk of exposure to COVID-19 at work and on-the-job contact with patients, members of the public, or co-workers. A similar presumption would apply to certain maritime workers.  The House passed the HEROES Act by a vote of 208-199 on May 15, 2020, but tremendous opposition is expected when the bill reaches the Republican dominated Senate.

Is California’s order likely to stick?

It’s difficult to tell. California business owners are unhappy with the likely significant increase in workers’ compensation liabilities and the inequity of shifting the cost of employees’ COVID-19 illnesses to employers. Challenges to the California order would not be surprising.Continue Reading Are You Sure You Contracted COVID-19 at Work? California Thinks So