COVID-19: News and Updates |
| Special #20 - April 16, 2020 |
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Articles and Updates Today
- U.S. Chamber of Commerce - National Small Business Town Hall: Understanding Coronavirus Resources / Friday, April 17 for the fourth installment of our National Small Business Town Hall from Inc. and the U.S. Chamber of Commerce.
- UPCOMING VIRTUAL CONFERENCE TUESDAY – April 21, 2020 @ 10:00 AM EST / Featuring Georgia Attorney General Chris Carr
- ¶46,864 Interim enforcement guidance outlines OSHA response to COVID-19-related workplace hazard reports — AGENCY GUIDANCE, Apr. 16, 2020
- LEGAL BULLETIN - EEOC Updates COVID-19 Guidance to Employers Constangy, Brooks, Smith & Prophete,LLP
April 15, 2020 By Sarah M. Phaff /Atlanta Office
- GDOL -Press Release: Mark Butler|Commissioner GDOL Issues Over Half a Billion Dollars in State and Federal Benefits Since March
Office of Communications April 16, 2020
- Georgia Department of Public Health COVID-19 Daily Status Report
* Note: If you have any employment law/HR topics or issues you would like to see us cover in the News and Updates please email us at chris@georgiaemployers.org.
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National Small Business Town Hall: Understanding Coronavirus Resources
Join us on Friday, April 17 for the fourth installment of our National Small Business Town Hall from Inc. and the U.S. Chamber of Commerce.
This week, we'll continue the discussion to help business owners navigate the aid available to them. Our panelists will break down the latest action from Washington, lay out the processes you should follow to make the most of the resources at hand, and give you the insight you need to plan your next move. You can register here.
See below for this week's speakers:
- Neil Bradley, Chief Policy Officer, U.S. Chamber of Commerce
- Kimberly Weisul, Editor-at-Large, Inc.
- David Barron, Member, Cozen O’Connor
- Manny Cosme, President & CEO, CFO Services Group
- Marilyn Landis, offers CFO services to small business
- Dan Martini, Vice President of Congressional Relations & Public Policy,
American Bankers Association (ABA)
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| | | | UPCOMING VIRTUAL CONFERENCE
TUESDAY – April 21, 2020 @ 10:00 AM EST
Featuring Georgia Attorney General Chris CarrOur next call is scheduled for Tuesday, April 21, 2020 at 10:00 AM EST and will feature a COVID-19 update from Attorney General Chris Carr. Moderated by Georgia Chamber President & CEO Chris Clark, these COVID-19 virtual conferences are designed to provide relevant and timely updates, information and insight on statewide management of this global pandemic along with resources to assist Georgians in the road to recovery.
Join from a PC, Mac, iPad, iPhone or Android device:
Or join by phone: Dial(for higher quality, dial a number based on your current location – US): +1 646 558 8656 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 301 715 8592 or +1 346 248 7799 Webinar ID: 962 9372 7741
Questions: All questions should be submitted IN ADVANCE through www.sli.do using code #2957 to enter the forum. Please submit your questions by NOON, Monday April 20, 2020. We will work through as many as we can, over the call, and do appreciate your commitment to leadership as we all work toward economic recovery following this pandemic.
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| | | | ¶46,864 Interim enforcement guidance outlines OSHA response to COVID-19-related workplace hazard reports — AGENCY GUIDANCE,
Apr. 16, 2020On April 13, 2020, OSHA announced an interim enforcement response plan for the COVID-19 pandemic that provides instructions and guidance to OSHA Area Offices and compliance safety and health officers (CSHOs or inspectors) for handling coronavirus-related complaints, referrals, and severe illness reports. The memorandum, Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19), is time-limited to the current public health crisis; it was effective immediately and remains in effect until further notice.
COVID-19 enforcement resources. During the pandemic, OSHA Area Offices will utilize their inspection resources to fulfill mission-essential functions and protect workers exposed to coronavirus. The response plan contains interim procedures that allow flexibility and discretion for field offices to maximize the federal health and safety agency’s impact in securing safe workplaces during the evolving pandemic environment.
The response plan outlines procedures for addressing reports of COVID-19-related to workplace hazards. Fatalities and imminent danger exposures related to the coronavirus will be prioritized for on-site inspections. The response plan includes procedures and sample documentation for inspectors to use during COVID-19-related inspections.
Workers requesting inspections, complaining of coronavirus exposure, or reporting illnesses may be protected under one or more whistleblower statutes and will be informed of their protections from retaliation.
Complaints, referrals, employer-reported incidents. Under the interim enforcement plan, OSHA should investigate complaints, referrals, and employer-reported fatalities and hospitalizations to identify potentially hazardous occupational exposures and to ensure that employers take prompt actions to mitigate hazards and protect employees.
OSHA has received complaints about the lack of personal protective equipment such as respirators, gloves, and gowns; a lack of training on appropriate standards; and possible COVID-19 illnesses in the workplace.
In most cases, Area Offices should process complaints from non-healthcare and non-emergency response establishments as "non-formal phone/fax," following the non-formal complaint and referral procedures in the Field Operations Manual (FOM), CPL 02-00-163 (September 13, 2019). OSHA will forward complaint information deemed appropriate to federal partners with concurrent interests.
Delayed awareness. Where an employer is not immediately aware of a reportable fatality, in-patient hospitalization, amputation, or loss of an eye that was the result of a work-related incident, a report to OSHA must be made within the following time period after the employer or its agent learns that the reportable event was the result of a work-related incident:
- Eight hours for a fatality;
- 24 hours for an inpatient hospitalization, amputation, or loss of an eye.
Employers must report a fatality that occurs within 30 days of the work-related incident.
Rapid Response Investigations encouraged. After OSHA receives an employer report of a fatality, in-patient hospitalization, amputation, or loss of an eye as a result of a work-related incident, the Area Director must determine whether to conduct an inspection or a Rapid Response Investigation (RRI), aimed at identifying any hazards, providing abatement assistance, and confirming abatement. RRIs are encouraged whenever possible. The interim guidance cites additional guidance on RRI enforcement procedures.
Before COVID-19-releated inspections. Before a COVID-19-related inspection, the interim guidance instructs each area director (AD) to evaluate the risk level of exposure to SARS-CoV-2 at the workplace and to prioritize their resources in coordination with their regional offices to determine if an on-site inspection is necessary.
Inspection warranted. Where that AD determines that an onsite inspection is warranted, CSHOs must carefully evaluate potential hazards and limit any possible exposure. For these inspections, ADs must maximize the use of electronic means of communication, such as remote video surveillance, phone interviews, email correspondences, facsimile and email transmittals of documents, video conferences, etc., and consult with their regional solicitors when appropriate.
Throughout their engagement with facilities treating a significant number of COVID-19 patients, inspectors should take care to avoid interference with the provision of ongoing medical services.
High-risk for exposure. Whenever inspectors identify a workplace with potential for high-risk exposure to SARS-CoV-2 and determine that an inspection is warranted under the interim guidance, they should immediately coordinate with their supervisors and regional office, and, if necessary, contact the Office of Occupational Medicine and Nursing (OOMN). The OOMN may then serve as a liaison with relevant public health authorities and can facilitate Medical Access Orders (MAOs) to obtain worker medical records from employers and healthcare providers.
Inspector exposure. CSHOs who believe they may have had a COVID-19 exposure during an inspection must report the potential exposure to their supervisor and/or AD.
Novel cases. The interim guidance directs that COVID-19 inspections be treated as novel cases. The Directorate of Enforcement Programs must be notified of all proposed citations and federal agency Notices that relate to a COVID-19 exposure. State Plan designees should report any COVID-19 inspections to their Regional Office.
Tracking. All activity, specifically enforcement and compliance assistance, must be appropriately coded to allow for tracking and program review, including COVID-19 activity, which should continue to be coded in the OSHA Information System with the specific code: N-16-COVID-19.
Attachments. The interim guidance attaches specific inspection and citation guidance for potentially applicable standards, which describe when to exercise enforcement discretion, such as for the Respiratory Protection standard. Notably, the interim guidance memorandum incorporates by reference all prior enforcement guidance memoranda issued by OSHA related to COVID-19.
Workplace risk levels. Among the attachments is specific guidance designed to help identify risk levels in workplace settings for purposes of prioritizing OSHA enforcement activities during the COVID-19 pandemic. These workplace risk levels are drawn from the Occupational Risk Pyramid described in the OSHA publication, Guidance on Preparing Workplaces for COVID-19.
High and very high. High and very high exposure risk jobs have a high potential for exposure to known or suspected sources of SARS-CoV-2 that occurs during specific medical, postmortem, or laboratory procedures. Workplaces considered to have job duties with high risk of exposures to COVID-19 include:
- hospitals treating suspected and/or confirmed COVID-19 patients,
- nursing homes,
- emergency medical centers,
- emergency response facilities,
- settings where home care or hospice care are provided,
- settings that handle human remains, and
- biomedical laboratories, including clinical laboratories, and medical transport.
Aerosol-generating procedures, in particular, present a very high risk of exposure to workers. The aerosol-generating procedures for which engineering controls, administrative controls, and personal protective equipment (PPE) are necessary include, but are not limited to:
- bronchoscopy,
- sputum induction,
- nebulizer therapy,
- endotracheal intubation, and
- extubation, open suctioning of airways, cardiopulmonary resuscitation, and autopsies.
Medium risk. Medium exposure risk jobs include those with frequent and/or close contact with (within 6 feet of) people who may be (but are not known to be) infected with COVID-19. Workers in this group may have frequent contact with travelers returning from international locations with widespread COVID-19 transmission; or, in areas where there is ongoing community transmission, may have contact with the general public, such as in schools, high-population-density work environments, and some high-volume retail settings.
Low exposure. Lower exposure risk jobs are those that do not require contact with people known to be, or suspected of being, infected with SARS-CoV-2, nor frequent close contact with (within 6 feet of) the general public. Workers in this category have minimal occupational contact with the public and other coworkers. |
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LEGAL BULLETIN Constangy, Brooks, Smith & Prophete,LLP Posted April 15, 2020 By Sarah M. Phaff
Atlanta Office
EEOC Updates COVID-19 Guidance to Employers
The Equal Employment Opportunity Commission has expanded its guidance entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Law.” The revised guidance provides additional questions and answers about topics like the confidentiality of medical information, inquiries about employee symptoms, and providing reasonable accommodations. The following questions were added on April 9, 2020 (quoted verbatim):
A. Disability-Related Inquiries and Medical Exams
A.2. When screening employees entering the workplace during this time, may an employer only ask employees about the COVID-19 symptoms EEOC has identified as examples, or may it ask about any symptoms identified by public health authorities as associated with COVID-19? (4/9/20)
As public health authorities and doctors learn more about COVID-19, they may expand the list of associated symptoms. Employers should rely on the CDC, other public health authorities, and reputable medical sources for guidance on emerging symptoms associated with the disease. These sources may guide employers when choosing questions to ask employees to determine whether they would pose a direct threat to health in the workplace. For example, additional symptoms beyond fever or cough may include new loss of smell or taste as well as gastrointestinal problems, such as nausea, diarrhea, and vomiting.
B. Confidentiality of Medical Information
B.1. May an employer store in existing medical files information it obtains related to COVID-19, including the results of taking an employee's temperature or the employee's self-identification as having this disease, or must the employer create a new medical file system solely for this information? (4/9/20)
The ADA requires that all medical information about a particular employee be stored separately from the employee's personnel file, thus limiting access to this confidential information. An employer may store all medical information related to COVID-19 in existing medical files. This includes an employee's statement that he has the disease or suspects he has the disease, or the employer's notes or other documentation from questioning an employee about symptoms.
B.2. If an employer requires all employees to have a daily temperature check before entering the workplace, may the employer maintain a log of the results? (4/9/20)
Yes. The employer needs to maintain the confidentiality of this information.
B.3. May an employer disclose the name of an employee to a public health agency when it learns that the employee has COVID-19? (4/9/20)
Yes.
B.4. May a temporary staffing agency or a contractor that places an employee in an employer's workplace notify the employer if it learns the employee has COVID-19? (4/9/20)
Yes. The staffing agency or contractor may notify the employer and disclose the name of the employee, because the employer may need to determine if this employee had contact with anyone in the workplace.
C. Hiring and Onboarding
C.5. May an employer postpone the start date or withdraw a job offer because the individual is 65 years old or pregnant, both of which place them at higher risk from COVID-19? (4/9/20)
No. The fact that the CDC has identified those who are 65 or older, or pregnant women, as being at greater risk does not justify unilaterally postponing the start date or withdrawing a job offer. However, an employer may choose to allow telework or to discuss with these individuals if they would like to postpone the start date.
D. Reasonable Accommodation
In discussing accommodation requests, employers and employees may find it helpful to consult the Job Accommodation Network (JAN) website for types of accommodations, www.askjan.org. JAN's materials specific to COVID-19 are at https://askjan.org/topics/COVID-19.cfm.
D.1. If a job may only be performed at the workplace, are there reasonable accommodations for individuals with disabilities absent undue hardship that could offer protection to an employee who, due to a preexisting disability, is at higher risk from COVID-19? (4/9/20)
There may be reasonable accommodations that could offer protection to an individual whose disability puts him at greater risk from COVID-19 and who therefore requests such actions to eliminate possible exposure. Even with the constraints imposed by a pandemic, some accommodations may meet an employee's needs on a temporary basis without causing undue hardship on the employer.
Low-cost solutions achieved with materials already on hand or easily obtained may be effective. If not already implemented for all employees, accommodations for those who request reduced contact with others due to a disability may include changes to the work environment such as designating one-way aisles; using plexiglass, tables, or other barriers to ensure minimum distances between customers and coworkers whenever feasible per CDC guidance or other accommodations that reduce chances of exposure.
Flexibility by employers and employees is important in determining if some accommodation is possible in the circumstances. Temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment may also permit an individual with a disability to perform safely the essential functions of the job while reducing exposure to others in the workplace or while commuting.
D.2. If an employee has a preexisting mental illness or disorder that has been exacerbated by the COVID-19 pandemic, may he now be entitled to a reasonable accommodation (absent undue hardship)? (4/9/20)
Although many people feel significant stress due to the COVID-19 pandemic, employees with certain preexisting mental health conditions, for example, anxiety disorder, obsessive-compulsive disorder, or post-traumatic stress disorder, may have more difficulty handling the disruption to daily life that has accompanied the COVID-19 pandemic.
As with any accommodation request, employers may: ask questions to determine whether the condition is a disability; discuss with the employee how the requested accommodation would assist him and enable him to keep working; explore alternative accommodations that may effectively meet his needs; and request medical documentation if needed.
D.3. In a workplace where all employees are required to telework during this time, should an employer postpone discussing a request from an employee with a disability for an accommodation that will not be needed until he returns to the workplace when mandatory telework ends? (4/9/20)
Not necessarily. An employer may give higher priority to discussing requests for reasonable accommodations that are needed while teleworking, but the employer may begin discussing this request now. The employer may be able to acquire all the information it needs to make a decision. If a reasonable accommodation is granted, the employer also may be able to make some arrangements for the accommodation in advance.
D.4. What if an employee was already receiving a reasonable accommodation prior to the COVID-19 pandemic and now requests an additional or altered accommodation? (4/9/20)
An employee who was already receiving a reasonable accommodation prior to the COVID-19 pandemic may be entitled to an additional or altered accommodation, absent undue hardship. For example, an employee who is teleworking because of the pandemic may need a different type of accommodation than what he uses in the workplace. The employer may discuss with the employee whether the same or a different disability is the basis for this new request and why an additional or altered accommodation is needed.
E. Pandemic-Related Harassment Due to National Origin, Race, or Other Protected Characteristics
E.1. What practical tools are available to employers to reduce and address workplace harassment that may arise as a result of the COVID-19 pandemic? (4/9/20)
Employers can help reduce the chance of harassment by explicitly communicating to the workforce that fear of the COVID-19 pandemic should not be misdirected against individuals because of a protected characteristic, including their national origin, race, or other prohibited bases.
Practical anti-harassment tools provided by the EEOC for small businesses can be found here:
- Anti-harassment policy tips for small businesses
- Select Task Force on the Study of Harassment in the Workplace (includes detailed recommendations and tools to aid in designing effective anti-harassment policies; developing training curricula; implementing complaint, reporting, and investigation procedures; creating an organizational culture in which harassment is not tolerated):
- report;
- checklists for employers who want to reduce and address harassment in the workplace; and,
- chart of risk factors that lead to harassment and appropriate responses.
F. Furloughs and Layoffs
F.1. Under the EEOC's laws, what waiver responsibilities apply when an employer is conducting layoffs? (4/9/20)
Special rules apply when an employer is offering employees severance packages in exchange for a general release of all discrimination claims against the employer. More information is available in EEOC's technical assistance document on severance agreements.
Additionally, the EEOC recently posted the transcript of a webinar that it conducted in March about COVID-19. During the webinar, the EEOC provided guidance on various topics, including teleworking requests, furlough or lay off decisions, and employee temperature testing.
The EEOC, the Department of Labor, and other state and federal agencies continue to issue guidance to assist employers in responding to the COVID-19 pandemic. If you have any questions about this new guidance, please contact your Constangy attorney.
Please be aware that substantial changes in the governmental guidance and even in the underlying laws are occurring on almost a daily basis, which will impact the analysis of the legal issues related to COVID-19. It is critical that you check the Resource Center often for the most recent information and stay in continual contact with your Constangy attorney. Go to Website>>
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| | | Press Release Mark Butler | Commissioner Office of Communications
Suite 642 148 Andrew Young International Blvd., NE Atlanta, GA 30303-1751 (470) 553-2593 Kersha.Cartwright@gdol.ga.gov dol.georgia.gov
April 16, 2020
GDOL Issues Over Half a Billion Dollars in State and Federal Benefits Since MarchAtlanta, GA – Since March 14th, the Georgia Department of Labor (GDOL) has processed over 861,000 claims, 10% of Georgia’s population. The GDOL announced today that the agency processed 319,581 initial claims during the week of March 29 through April 4. When coupled with last week’s claim numbers, this totals over 700,000 claimants in two weeks. Unemployment initial claims throughout the United States topped 5.2 million last week.
“We are reaching unprecedented claim levels of almost one million Georgians filing for unemployment,” said Georgia Labor Commissioner Mark Butler. “That is one in every ten people who are turning to the GDOL for unemployment assistance. This is a massive undertaking, but one that I know we are capable of achieving.”
The GDOL has issued over $509 million in state and federal benefits since the middle of March. Over 290,600 Georgians were paid benefits last week. Last year, 149,725 individuals received benefits, an amount equal to less than half of the claimants who received payment last week.
Starting this week, the GDOL began issuing the $600 federal supplemental payments for those currently receiving state unemployment benefits. GDOL made 286,000 payments Tuesday night that included regular state weekly payments and the additional $600 weekly payments.
GDOL is currently programming its computer system to pay out federal benefits for those who wouldn’t be eligible for typical unemployment benefits. This group consists of self-employed, gig workers, 1099 independent contractors, employees of churches, employees of non-profits, or those with limited work history who do not qualify for state unemployment benefits. These individuals must be determined ineligible to receive state benefits before being evaluated for federal Pandemic Unemployment Assistance (PUA). GDOL will begin sending out emails next week to potential applicants based on their state unemployment application.
GDOL has received an overwhelming number of calls, emails, and messages from applicants concerned about their claims. The agency is working to automate many steps of the unemployment process to reduce the time necessary to issue payments. During the 2009 recession year, the GDOL processed a million claims with more than 2,000 staff members. Today, the GDOL is processing that number in a month with less than 1,000 staff members. The agency is still required by the state and federal government to verify wages, a time-consuming process. The GDOL is hiring staff and asking retirees to come back and help during this crisis. The Department is asking applicants to use online resources found on the GDOL website at www.dol.georgia.gov before contacting the agency. This will allow staff to focus on claimants whose issues require system adjustments. Yesterday, there were over 380,000 users on the website, almost double the traffic seen during all of February. The agency has implemented a new ChatBot feature that answered over 84,000 questions yesterday.
“We are encouraging people to take a look at on-line resources before you pick up the phone to call us,” said Commissioner Butler. “We are going to have to work together to get people paid and back to work as quickly as possible.”
The GDOL is also continuing to work with employers to get Georgians back to work. Employers have been contacting the GDOL with job opportunities that are critical during this crisis – some in the workplace and others that can be done from home. Today, over 99,000 jobs are listed online at www.EmployGeorgia.com for Georgians to access. The GDOL offers online resources for finding a job, building a resume, and assisting with other reemployment needs.
Information on filing an unemployment claim, details on how employers must file partial claims, and resources for other reemployment assistance can be found on the agency’s webpage at www.gdol.ga.gov.
Go to website to Visit Newsroom to read Press Release online.
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| | | HRDive Article - Walmart sued in Illinois court over employee's COVID-19 death
AUTHOR Jennifer Carsen
PUBLISHED April 14, 2020
Dive Brief:- Walmart is being sued by the family of an Illinois employee who died after contracting COVID-19; the family is alleging Walmart did not do enough to protect its workers (Evans v. Walmart, Inc., No. 2020L003938 (Circuit Court of Cook County, Illinois, April 6, 2020)).
- According to the wrongful death complaint, Wando Evans and other Walmart employees contracted COVID-19 at work. The store allegedly failed to clean and sterilize the store properly, failed to promote and enforce social distancing guidelines, failed to provide personal protective equipment (PPE), and failed to address the health concerns of employees with COVID-19 symptoms and warn other workers.
- The family is seeking a jury trial. According to a media release from the plaintiff's lawyer, Evans is the second employee at that Walmart location to die of COVID-19; the firm is also requesting an investigation by the federal Occupational Safety and Health Administration (OSHA).
Dive Insight:
The case reveals the potential for lawsuits alleging employer liability for employees' exposure to SARS-CoV-2 (COVID-19).
Among other possible protections, the Americans with Disabilities Act (ADA) and other anti-bias laws still apply during the pandemic, and employers are simultaneously encouraged to follow guidelines issued by the Centers for Disease Control (CDC) and other health authorities.
Given the extraordinary circumstances surrounding the novel coronavirus pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) is allowing employers — for the time being — to take the temperatures of on-site employees, even though this constitutes a medical exam.
The U.S. Department of Labor (DOL) has issued multiple guidance resources for employers. A Wage and Hour Division guidance discusses, among other things, whether the Fair Labor Standards Act obligates employers to pay workers who cannot work from home, if required. OSHA's guidance provides strategies for preventing the spread of COVID-19 and includes tips for safe work practices.
As the COVID-19 pandemic continues, a growing number of employers are adopting or expanding their remote work policies and protocols in order to keep workers safe and their businesses up and running to the extent possible.
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| | | Georgia Department of Public Health COVID-19 Daily Status Report
Georgia Department of Public Health COVID-19 Daily Status Report For: 04/16/2020
These data represent confirmed cases of COVID-19 reported to the Georgia Department of Public Health as of 04/16/2020 12:22:57.
A confirmed case is defined as a person who has tested positive for 2019 novel coronavirus.
COVID-19 Confirmed Cases: No. Cases (%)
Total 15669 (100%)
Hospitalized 3108 (19.84%)
Deaths 587 (3.75%)
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