REOPENING THE WORKPLACEAn Employer's PlanningGuideMay 6, 2020

DO ALL EMPLOYEES NEED TO RETURN TO THE PHYSICAL WORKPLACE?There may be scenarios where some, but not all, of your employees need to be in the physical workplace to perform the duties of their job. 

A plan to reopen your workplace does not have to be an “all or nobody” decision. Choosing only to require essential roles (for purposes of

this decision, an essential role would mean it is essential to be in the physical workplace to perform the job duties successfully) may make

adherence to safety guidelines more feasible.

HOW WILL YOU MAINTAIN A CLEAN WORKPLACE?Does your business need to make any changes to your cleaning services contract or add in any additional services? All workspace areas

including offices, open workspaces, conference rooms, breakrooms, equipment, tools and restrooms should be properly sanitized prior to

opening and routinely for the foreseeable future.

WHAT EXPOSURE RISKS EXIST IN YOUR WORKPLACE BEYOND YOUR DIRECT EMPLOYEESBRINGING THE VIRUS INTO THE OFFICE?Many businesses are in shared spaces, so consider not only how your employees come in and out of your workplace, but who else has

access to your workplace and what control you have over the potential risk.  Have you ever thought about how the HVAC system works?

What contractors come into the building to service various utilities? What about social distancing in elevators?  Some news outlets are

warning of Legionnaires’ disease for buildings whose water lines have been stagnant for two weeks or more. Employers should work with

their facilities and or the building management team to explore how to navigate some of these challenges.

DOES YOUR WORKSPACE CONFIGURATION ALIGN WITH YOUR PLANS TO REOPEN?Employers will need to reconfigure their workspaces to abide by the six-foot social distancing guidelines. Evaluate your floor plan to

see what changes your business may need to make. Have you heard of a sneeze guard? It is basic plexiglass, or another type of barrier,

designed to prevent pathogens from spreading by sneezes. These sneeze barriers are growing in popularity, particularly with businesses

that have an open office plan.  Cubicle walls may serve the same purpose as sneeze guards. Cushman & Wakefield, a global commercial

real estate services firm, is experimenting with what they call the “Six Feet Office”. A design visual design concept that displays unique foot

traffic routing for each office to ensure employees maintain six feet apart for social distancing.

WHAT WILL YOU PROACTIVELY COMMUNICATE TO BE YOUR SOCIAL DISTANCINGRULES?Handshakes might be a thing of the past. Employers will need to be proactive about putting measures in to place to limit gatherings and

in-person meetings at the office. For planned conferences, “all hands”, or other large meetings, utilizing in-office videoconferencing is still

recommended. Lunch and/or break schedules should be established to reduce the number of employees in common areas at any one time.

Some employers are exploring a uniform signal that employees can use to communicate to their colleagues “you’re too close to me, I need

some space”. If employees do not follow the distancing guidelines, consider removing some chairs or seating from the room.

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HOW WILL YOU ADDRESS CONCERN FROM EMPLOYEES WHO CANNOT RETURN TO THEWORKPLACE?Most schools and daycares around the country are still closed and while there are some limited exceptions for essential workers, many

employees who need childcare will not have access to childcare.  Employers need to be prepared on how they will respond to employees

who have childcare obligations and cannot easily return to the workplace at this time.

HOW WILL YOU ADDRESS CONCERN FROM EMPLOYEES WHO DON'T WANT TO RETURNTO THE WORKPLACE?

Vulnerable individuals– elderly employees and employees with certain health conditions are considered “vulnerable individuals” under

the Opening Up America Again guidelines, and employers are strongly encouraged to provide “special accommodations” through phase

two of the re-entry program. It is important not to presumptively prescribe the need for an accommodation (or even to determine for

them that they should not return to work) for individuals you believe or perceive to be at higher risk. To mitigate your risk around

potential discrimination lawsuits, communicate your reopening plans and let the individual come to you with a request for

accommodation. Be prepared to apply uniform decision-making processes for all requests and give forethought to the types of

accommodations you are prepared to offer.

ADA considerations– Employers need to recognize that it is not only physical impairments that can impact an employee’s work, mental

health has a significant impact as well.  Many individuals with preexisting mental illness have been elevated by the COVID-19 pandemic.

On April 17, 2020, the EEOC issued new guidance on the potential application of the Americans with Disabilities Act (ADA) upon return to

work.

Fear – Some employees are scared to return to the workplace. Under the OSH Act, employees may only refuse to work if they believe

they are in “imminent danger.” Transparently communicating the measures you are taking to provide a safe workplace is critical to

easing the fear your employees may be experiencing. Think about how you will respond to individuals who, essentially, refuse to “return

to work”.

Commute– Employees who utilize public transportation to commute face increased exposure risks. Consider extending or modifying

your remote work policies or extending commuting benefits to encourage employees to drive into the office rather than using public

transportation.

Unemployment– What if an employee tells you they do not want to return to the office because they are making more money collecting

unemployment? This could be the case if you ask a previously furloughed employee to come back part-time, for example. Be thoughtful

about the impact of your reopening plans on your employees.

There are various reasons why an employee may not want to return to the workplace such as the examples below:

WILL YOU ASK EMPLOYEES TO SELF-CERTIFY THEY MEET CRITERIA TO RETURN TO THEWORKPLACE?If you are asking employees to return to the workplace, consider having employees fill out a COVID-19 questionnaire. Because employees

have been working remotely, employers have no way of ensuring their employees were abiding by social distancing rules, travel bans, or

have been using safe hygiene methods. Any questionnaire that is implemented needs to be administered and handled with care, keeping in

mind an employee’s privacy, ADA laws, and avoiding unintentional discrimination practices. Ensure the process to implement does not

create more risk to your employees (i.e., a line of employees at a check-in desk using the same pens to complete the form).

WILL YOUR BUSINESS CONDUCT TEMPERATURE CHECKS OR OTHER TYPES OF TESTING?

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WILL YOU CONDUCT TEMPERATURE CHECKS OR OTHER TYPES OF TESTING?According to the EEOC, employers are permitted to conduct temperature checks for employees. If you choose to implement temperature

checks, what resources will you need?  New policies and procedures will need to be established as well as training on how to perform the

test and how to react when someone’s test result confirms a fever.

WILL YOU REQUIRE THE USE OF ANY PERSONAL PROTECTIVE EQUIPMENT (PPE)?With guidelines for individuals to wear masks when out in the public, and many choosing to wear gloves, will you require PPE to be worn

while in the office? If you are going to require it, will you provide the acceptable PPE to employees? What risks exists if employees are re-

using masks and gloves without following proper cleaning procedures?

WHAT IF AN EMPLOYEE CONTRACTS COVID-19?Be prepared to respond quickly to the news that an employee has tested positive for COVID-19.  A quick response means taking swift action

to sanitize the workplace and any other area the employee had access to while at work and notifying all employees who have had contact or

have been in the same work area as the infected employee.  Will a positive test by an employee who has been in the office since potential

exposure lead to a 14-day closure of your physical space? Do you have a re-exit strategy if multiple COVID-19 cases are confirmed

in your workplace?

DO YOU NEED TO CREATE NEW POLICIES OR REVISE EXISTING POLICIES?Employers should consider implementing policies to include temporary social distancing rules, hygiene and sanitation requirements, and

new expectations in the workplace. Employers are modifying existing policies such as leave, benefits, safety, compensation, furlough, and

layoffs.  Business continuity plans should also be evaluated considering recent federal, state, and local legislation.

WHAT ARE THE ASSOCIATED IMPLICATIONS OF REOPENING ON YOUR WORKERS'COMPENSATION POLICY?Employers should review their workers’ compensation and business insurance policies. The question of whether COVID-19 is compensable

under workers’ compensation is not a “yes” or “no”, it is a “maybe”.  Some states have pending legislation to expand the coverage for

certain workers. It is expected that other states will follow suit and introduce similar initiatives. The National Council on Compensation

Insurance (NCCI) is tracking legislative activity. The DOL acknowledges it is difficult to determine the precise moment and method of virus

transmission and has created new procedures to address COVID-19 claims specifically.

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WHAT COSTS ARE ASSOCIATED WITH YOUR DECISION TO REOPEN THE WORKPLACE?

Some expenses to consider include reconfiguring your office, additional cleaning, training to employees on new policies and procedures,

etc. Will there be a loss of productivity or impact on your client experience as your employees return to a workplace they may not feel

comfortable with? For some, the added expenses alone may sway you to maintain your virtual status for longer.

B U S I N E S S C O N S I D E R A T I O N S

E S T A B L I S H A C O V I D - 1 9 T A S K F O R C E

C O N D U C T R I S K A S S E S S M E N T

R E V I E W B U D G E T F O R I S S U I N G P P E , R E C O N F I G U R I N G W O R K S P A C E S , T R A I N I N G , E T C .

S U P P L I E S

P R O V I D E P E R S O N A L P R O T E C T I V E E Q U I P M E N T ( P P E )

S U P P L Y D I S I N F E C T A N T S N E A R O R O N E A C H D E S K / W O R K A R E A

P R O P E R U S E O F P P E

B E P R E P A R E D T O A D D R E S S E M P L O Y E E C O N C E R N S

D E C I D E W H O M U S T R E T U R N A N D W H O S H O U L D N O T R E T U R N T O T H E W O R K P L A C E

A S S E S S H O W Y O U R E M P L O Y E E S A R E F E E L I N G A B O U T R E T U R N I N G T O T H E W O R K P L A C E

S A F E T Y R E G U L A T I O N S

F O L L O W A L L S T A T E & L O C A L D I R E C T I V E S A N D I N D U S T R Y - S P E C I F I C R E Q U I R E M E N T S

F O L L O W T H E C D C T O O L S A N D G U I D A N C E . A N D P R E P A R E A P L A N T O R E O P E N T H EW O R K P L A C E

D O C U M E N T A N Y E F F O R T S T O C O M P L Y W I T H B O T H C D C ' S G U I D E L I N E S A N D O S H A ' SS T A N D A R D S

C L E A N W I T H C D C - A P P R O V E D P R O D U C T S

T R A I N I N G A R E A S

T E M P E R A T U R E C H E C K S

M A I N T A I N I N G E N H A N C E D C L E A N I N G & D I S I N F E C T I N G P R A C T I C E S

H Y G I E N E P R A C T I C E S

S O C I A L D I S T A N C I N G E X P E C T A T I O N S

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U N D E R S T A N D F E D E R A L A N D L O C A L L E G I S L A T I O N / G U I D A N C E

C O M M U N I C A T I O N

H E A L T H A N D S A F T E Y P R E C A U T I O N S

P R E P A R E F O R E M P L O Y E E C O N C E R N S A N D C O M P L A I N T S

C O N S I D E R H A N D S - F R E E / N O - T O U C H S W I T C H E S

C L E A N D E S K P O L I C Y

C R E A T E S T O R A G E S P A C E O R A R E A F O R P E R S O N A L I T E M S

P R E P A R E & P O S T R E M I N D E R S O F S O C I A L D I S T A N C I N G & C L E A N I N G P R O T O C O L S

R E C O N F I G U R E Y O U R W O R K P L A C E T O I N C O R P O R A T E S O C I A L D I S T A N C I N G R U L E S

R E S T R I C T U S E O F C O M M O N A R E A S S U C H A S T H E K I T C H E N A N D L I M I T M E E T I N G S

P H Y S I C A L O F F I C E C H A N G E S

R E M O V E H I G H - T O U C H S H A R E D T O O L S L I K E W H I T E B O A R D M A R K E R S , R E M O T E S , E T C .

D I S A B L E S H A R E D T O U C H S C R E E N S

C O N S I D E R H A N D S - F R E E / N O - T O U C H S W I T C H E S

C L E A N W I T H C D C - A P P R O V E D P R O D U C T S

B U S I N E S S P O L I C I E S

I M P L E M E N T S C H E D U L E A D J U S T M E N T S O R S T A G G A R E D S H I F T S

M A I N T A I N A L O G O F E V E R Y O N E I N T H E P H Y S I C A L W O R K P L A C E

R E V I E W W O R K E R S ' C O M P E N S A T I O N P O L I C Y

R E V I E W B I / E P L I I N S U R A N C E

E M P L O Y E R P O L I C I E S & P R A C T I C E S

C O V I D - 1 9 S P E C I F I C L A W S & R E G U L A T I O N S

E Q U I P M E N T U S E

L E A V E E N T I T L E M E N T & T H E U S E O F V A C A T I O N W H E N T H E W O R K P L A C E I S R E O P E N E D

R E M O T E W O R K P O L I C I E S

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E M P L O Y E R P O L I C I E S & P R A C T I C E S

B R I N G I N G E M P L O Y E E S B A C K F R O M F U R L O U G H , I N C L U D I N G N O T I F I C A T I O N S , P H A S E DR E - H I R I N G ' S , A N D R E - E N R O L L I N G B E N E F I T S

O N B O A R D I N G

R E V I E W O F E X I S T I N G I N C E N T I V E O R B O N U S P L A N S

R E P O R T I N G T I M E S

S P L I T W O R K S H I F T S

W O R K F O R C E A N D S U C C E S S I O N P L A N N I N G

C O N T I N U O U S R E V I E W O F C O V I D - 1 9 I M P A C T

P R O A C T I V E M O N I T O R I N G

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D O C U M E N T A N D A P P L Y L E S S O N S L E A R N E D

Navigating the decision to reopen the workplace and the specific measures necessaryto do so safely is not an effort to be taken lightly. Helios encourages all business toleverage a COVID-19 task force to consider the government guidance, the businessimplications (cost, strategy impact, risk) and the employee implications (safety, morale,trust in leadership) to make the decision that is right for your unique business andculture. The future culture of your business will be heavily shaped by the way you leadyour employees through this historic time in our country. For additional guidance, please feel free to contact us at resourcecenter@helioshr.com.