Picture this: COVID-19 cases are surging. Your state or city is in full lockdown mode. That means, among other things, that outdoor gatherings of more than 50 people aren’t allowed. So, it disturbs you to turn on the Sunday news and see hundreds of people crowding together to demonstrate right in the middle of downtown. And then it gets personal. You recognize one of those … [Read more...] about Disciplining employees for not following COVID-19 restrictions when they are off-duty
Compliance
Has OSHA done enough to enforce COVID-19 safety rules?
Even after the election and swearing in of the new President, federal government response to the COVID-19 pandemic remains a politically charged issue. One area of contention involves whether OSHA has done enough to protect workers exposed to the virus. On Jan. 8, the agency issued a statistical report documenting its COVID-19 enforcement efforts starting with the beginning of … [Read more...] about Has OSHA done enough to enforce COVID-19 safety rules?
Model Policy: Substance Abuse and Fitness for Duty
Workplace substance abuse remains a major challenge for law offices. Although sound in principle, the traditional zero tolerance policy is ill-suited to the legal complexities of the modern world. This is especially true in states that have legalized marijuana. You can still take a clear and firm line on employee drug and alcohol abuse for the purpose of health and safety. But … [Read more...] about Model Policy: Substance Abuse and Fitness for Duty
Model waiver of COVID-19 infection liability sign to post at your law office
As long as COVID-19 remains a threat, you run the risk of being sued by clients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your office facility as a result of your inadequate safety measures. One way to limit liability is by conspicuously posting a sign at the entry of your facility indicating visitors’ agreement to waive their … [Read more...] about Model waiver of COVID-19 infection liability sign to post at your law office
Using waivers to avoid getting sued for COVID-19 infections
In these times of pandemic, signs and forms like this purporting to shield the owner of a facility against liability have become a fixture in workplaces and other facilities. You might even be using them at your own office. The idea is to notify clients, vendors and other visitors (which, for simplicity’s sake, we’ll refer to collectively as “visitors”) that they’re entering … [Read more...] about Using waivers to avoid getting sued for COVID-19 infections
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment
New COVID-19 guidance for you from EEOC
By Mike O’Brien bio The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance page, addressing a number of issues. Here are some of them: On coronavirus testing, the EEOC said general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard, and noted that employers should ensure … [Read more...] about New COVID-19 guidance for you from EEOC
5 questions on the virus and your law office
By Lynne Curry bio 1 Pushback from employees who choose to stay on unemployment Question: We didn’t expect the pushback we got from two of our furloughed employees when we called them back to work, particularly as we allow employees to work from home part of the workweek if their work can be accomplished remotely. One ignored two “return to work” emails but responded to a … [Read more...] about 5 questions on the virus and your law office
Telecommuter home office hazard assessment & inspection checklist
While not an OSHA obligation, it’s highly advisable to take measures to protect the health and safety of telecommuting office employees who work from home. How? By having employees seeking approval to telecommute designate a room or area as their home workspace and arranging for somebody to perform a hazard assessment inspection to verify that the workspace is safe, healthy and … [Read more...] about Telecommuter home office hazard assessment & inspection checklist
COVID, opioids and payroll taxes on HR radar
By Mike O’Brien bio Applicants, testing, and screening The EEOC has said you cannot test applicants for COVID-19 until after a conditional job offer. Fine, makes sense. What about taking temperatures? You can take a temperature of visitors to your business/office to make sure they are not bringing COVID-19 with them. In fact, you may have an OSHA duty to do so to protect your … [Read more...] about COVID, opioids and payroll taxes on HR radar