What Are Your Rights in the Post-COVID Workplace?

There’s no denying the entire world has changed because of COVID-19. Even though New York was hit hard and early, we made the necessary changes and we’re coming out the other side. But the closer we get to normal, the closer we get to a world where many of us will be going back to work. This new, unknown world creates a unique set of worker’s comp and liability problems for the post-COVID workplace.

The New Normal For Remote Workers

For the New Yorkers able to work from home, it’s important as a remote worker to make sure your work space is safe and conducive to sitting for hours. At a work site, Human Resources and Maintenance help to ensure a safe work place, but now that responsibility is on the worker when they’re working from home. Always pay attention to eye strain, ergonomics and lighting, and repetitive motion injuries that you can prevent. If there’s something you need to ensure your safety, let your manager or Human Resources know before there’s a problem. Document requests through email to help management track them, and for you to have your own record.

The New Normal For On-Site Workers at a Post-COVID Workplace

The new normal for on-site workers will look much different than in the past. For employees going back to work in warehouses, factories, retail, construction, and other jobs that require close contact in enclosed spaces, things will have to change in order for the workplace to be safe.

The CDC continues to update its website with guidance on the latest recommendations for a safe workplace. Responsible employers will do their best to follow these guidelines and make sure everyone on site is following them, too.

Some of the most important guidelines for opening up a post-COVID workplace include according to the CDC:

• Companies should ensure HVAC and ventilation systems are operating properly
• Companies should inspect all premises for safety before allowing employees and customers back onto the site
• Companies should inspect for mold growth and pests
• Companies should check water systems and ensure stagnant water is no longer in the pipes
• Companies should make changes that increase circulation from outdoors if feasible
• Companies should conduct a hazard assessment documenting which work situations could put employees at risk of COVID
• Companies should ensure contractors coming in and out of the building are monitored and required to follow the same COVID precautions as employees
• Companies should modify or adjust seating and meeting areas to ensure six feet of distance at all times
• Companies should install signs, stickers, and/or blockades that prevent employees from coming to bottlenecks or having to pass close to each other in hallways
• Companies should encourage staff to bring their own drinking containers and utensils
• Companies should make cleaning and disinfecting supplies readily available and encourage their frequent use
• Companies should identify high-touch items throughout the office such as water fountains, communal coffee makers, soda and snack machines and have a plan for regularly disinfecting them throughout the day. Discouraging their use is also a possibility if they attract groups to congregate 
• Companies should restrict employees from reducing fresh air circulation unless there is a specific health issue
• Companies should operate HVAC systems at full capacity 2 hours before and after occupancy
• Install no-touch garbage cans, water fountains, and doors if possible

Once employees are on site at a post-COVID workplace, there are additional precautions that companies should be taking to protect employees and customers:

• Monitor temperatures before someone enters the building
• Require face masks that cover nose and mouth at all times and provide face masks for anyone entering that does not have their own
• Provide hand sanitizer at entries and exits
• Create a strict policy that requires employees with symptoms to go home and not return until they are symptom-free for 10 days
• Designate specific employees to monitor mask use and violations, educating them on how to bring employees and customers into compliance
• Require employees and customers to wash hands every time they use the restroom, kitchen, eat or snack, or touch their face
• Discourage hugs, hand shakes, and fist bumps
• Set limits on how many people can be in an elevator to reduce cramped contact
• Encourage employees to be tested if they feel they are at risk or have been exposed to someone without a mask or someone who has been diagnosed with COVID
• Discourage the use of break rooms, reduce how many can enter at one time, or create six feet of social distance
• Set up an outdoor break area with signs to social distance if possible

This list is in no way complete. The CDC article where I read much of this info is very detailed and includes all of this guidance and more. It’s worth a read. I’m sharing it with everyone I know who’s managing a re-opening or will be working in a large office or building.

Worker’s Comp or Personal Injury Case?

Workplaces should be safe. We all know we’re taking a risk going back to work during COVID. But where does employee responsibility end and the employer’s begin? 
 
 A lawsuit tracker indicated that there have already been 300 cases of employee vs employer lawsuits related to COVID since it began impacting the workplace. Some of the suits included are discrimination, unsafe work conditions, retaliation, disability, refusal of requests to work from home, and wrongful termination. Some of these suits were filed against employers that fired workers for pointing out unsafe conditions. Some were filed because of employees with pre-existing conditions that needed to perform their work from home to be safe. 

COVID-related lawsuits are on the rise and I would expect them to continue growing until companies and management gets serious about ensuring workplace safety and respecting the health needs of at-risk employees.

You can ask your employer to make common sense rules about safety in a global pandemic. No one wants a second wave. If you ask your employer for things you need to keep everyone healthy and you’re fired, you may have a case for wrongful termination. This includes gloves, basic sanitation tools like soap, hand sanitizer, or even masks. It also includes paying attention to social distancing rules, like spacing out desks or even having fewer people at work at the same time. Every workplace is different, and companies have a responsibility post-COVID to take reasonable measures. 
 
Potential for Discrimination
The Americans with Disability Act (ADA) requires employers to make sure that there’s nothing in the way of people doing a job they’re qualified for. What does that mean during a global pandemic? This is the kind of disease that is extremely dangerous for those who have underlying health concerns. If you’re still able to work, your employer may have an obligation to make accommodations, even though there isn’t a specific law yet, just COVID guidelines.

Can you be fired for getting COVID? Can you be fired for having a pre-existing condition that prevents you from working in an office? Without COVID laws and precedents in place, it’s not easy to give a straight answer. But I’m here to help you answer those questions and get you the legal representation you deserve.