Keeping a workplace safe during the COVID-19 outbreak can be challenging. The disease is extremely contagious, yet symptoms often remain hidden early in its course. Shelter-in-place orders in many states and counties have closed all non-essential businesses during the outbreak. For businesses that remain open, the Occupational Safety and Health Administration of the federal government has provided certain guidelines for workplace safety policies.
These guidelines separate businesses into four zones. The first two zones, known as very high exposure risk and high exposure risk, cover businesses in health care and related fields. The third zone, known as medium exposure risk, covers businesses in which employees have significant contact with the general population or other employees. The fourth zone, known as lower exposure risk, covers businesses in which employees have limited contact with the general population and other employees. However, even businesses in this group should develop safety policies and consider what they will do if an employee gets sick.
An employer should be aware that COVID-19 symptoms can overlap with symptoms of an ordinary flu or other less dangerous illnesses. If an employee arrives at work with a fever, a dry cough, or shortness of breath, though, an employer should tell them to seek medical attention. An employer can tell an employee who is exhibiting COVID-19 symptoms to go home without violating the Americans with Disabilities Act (ADA). Furthermore, an employer is legally allowed to take an employee’s temperature during the COVID-19 outbreak. (This normally might be questionable because it could be considered a medical examination of an employee.) An employer also can require an employee to tell their supervisor if they test positive, if they have symptoms, or if they have had contact with a known COVID-19 patient.
In any of these three situations, an employer will need to act quickly to identify everyone in the workplace who may have had contact with that employee. Everyone who worked closely with that employee for any extended period during the previous 14 days should go home. However, an employer should not announce which employee tested positive, since this would violate confidentiality protections. The employer should isolate, clean, and disinfect all areas that the employee may have used, following the strict guidelines provided by the Centers for Disease Control and Prevention (CDC). An employer that shares a building with other businesses may need to alert those businesses so that they can take extra precautions. An employer does not need to notify the CDC, which will be informed by a health care provider.
Generally, an employee who has been diagnosed with COVID-19 but does not require hospital care will need to stay at home for at least seven days after the first onset of symptoms. They should stay at home for at least three days after their fever subsides (without the assistance of medications) and their respiratory symptoms improve. Ideally, an employee also should test negative for COVID-19 before ending their isolation, although this may not be possible because of limited testing availability. An employer is entitled to require an employee to present a doctor’s note certifying that they are fit for work before allowing them to return.
Some employees may feel strongly that the use of masks promotes safety in the workplace. The medical community is divided on the effectiveness of this practice. If an employee wants to wear a mask, but an employer does not want to permit masks, the employer technically can prevent the employee from wearing a mask in most cases. There may be exceptions when an employee has a specific medical condition that puts them at risk, or when the nature of the job requires working with people who have been exposed to the virus. However, an employer may want to allow an employee to wear a mask if this would make them more comfortable.
