4 Tips to Make Your Construction Business Stand Out in 2020

January 20, 2020

As an owner of a construction business, it can be easy to blend in with your competitors. If you want to increase your sales and grow as a company, you’ll want to make a few changes in 2020. Now that it is a new year, it is time to make your construction business stand out.

  1. Embrace the Use of Sustainable Materials

Consider using more sustainable materials, recycled products, and resources in each construction project. Sustainable materials are optimal as more and more companies are looking for ways to be environmentally friendly and use readily available resources.

Sustainable materials are made from recycled products and resources that can be replenished in a short amount of time. Often referred to as green building products, lumber, stone, metal, and paper can all be recycled and reused as building products. Some other options include:

  • Bamboo: Is a fast-growing plant that can be used frequently in sustainable buildings. Since it replenishes quickly, this versatile material is mostly used as flooring or to reinforce concrete.
  • Cork: Harvesting cork only requires the removal of bark from the tree and does not need the whole tree to be cut down and often used as flooring in buildings.
  • Reclaimed lumber: Is taken from old structures, treated, resized, and used on other projects. It helps to preserves timber and saves energy because fewer resources are used to harvest, treat, and transport new lumber.

Additional innovations in sustainable construction materials include homes made of bales of straw, structures constructed entirely of rubber tires, and buildings that are built with the use of glass bottles or cans.

  1. Invest in Estimating Software for Contractors

Investing in cost estimating software allows you to use a collection of programs, processes, and information to calculate the total cost of a construction project. You’ll be capable of planning projects faster and can plan your budget with accurate construction costs to avoid losing money.

Using basic estimating software for contractors can allow you to add quickly, edit, and share your price proposals. It’s also necessary to follow price trends and set alerts when something changes, receive automatic quarterly cost updates, and access cloud-based estimating software 24/7 on desktop or mobile devices.

  1. Implement the Use of Augmented Reality

Augmented reality provides a live, copied view of real-world development. It involves placing a 3D model of a proposed design onto a specific site by using both mobile devices and 3D models. It also offers a view of what the world and work would realistically look like during the construction process.

For both builders and developers, wearable technology and 360-degree video offers automated measuring of buildings, safety training and hazard simulations, and fast and affordable simulation of architectural and structural changes. It also allows clients to see what the final construction project will look like once it’s completed.

  1. Take Advantage of Green Technology

Green technology is useful because it reduces your carbon footprint and protects the occupant’s health in your constructed buildings. Using recycled materials is essential because the products have a long lifespan, don’t warp or burn, are water and pest-resistant, and don’t require frequent replacement.

Reclaimed wood can also be used on structural framing, flooring, cabinetry, and siding throughout the building. You’ll need to get your LEED certification, which is a voluntary national certification process that helps industry experts develop high-performance, sustainable residential and commercial buildings.

Green technology is effective in reducing waste, pollution, and environmental degradation to ensure you make less of an impact as a local company. It’s also the expected standard by homebuyers, renters, and commercial tenants, which can allow you to attract more clients in the future.

Final Thoughts

When you follow these tips and implement them into your construction business, you can ensure that your company will stand out in 2020. It will allow you to have more edge and attract more customers to ensure your business continues to grow in the coming year.

By Veselina Dzhingarova

https://www.entrepreneuryork.com/technology/4-tips-to-make-your-construction-business-stand-out-in-2020/

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6 Job Search Tips That Are So Basic People Forget Them

The irony of job search advice: There’s so much available that you don’t have to spend more than four seconds Googling before you land on some nugget of wisdom or another.

Yet, at the same time, there’s so much available (some of which completely contradicts other advice you’ll find) that it can easily overwhelm you. Which, in fact, is probably the exact opposite outcome you’re looking for when you go sleuthing for genuinely useful counsel in the first place.

So let’s do this: Let’s boil things down to a short list of sound, timeless job searching tips that’ll help you fine-tune your strategy so that you may sail through the process (or at least cut out some of the unnecessary time and frustration).

1. Make Yourself a “Smack-in-the-Forehead” Obvious Fit

When you apply for a job via an online application process, it’s very likely that your resume will first be screened by an applicant tracking system and then (assuming you make this first cut) move onto human eyeballs. The first human eyeballs that review your resume are often those of a lower level HR person or recruiter, who may or may not understand all of the nuances of that job for which you’re applying.

Thus, it behooves you to make it very simple for both the computer and the human to quickly connect their “Here’s what we’re looking for” to your “Here’s what you can walk through our doors and deliver.”

Pro-Tip

Study the job description and any available information you have on the position. Are you mirroring the words and phrases in the job description? Are you showcasing your strengths in the areas that seem to be of paramount importance to this role? Line it up.

2. Don’t Limit Yourself to Online Applications During Your Job Search

You want that job search to last and last? Well, then continue to rely solely on submitting online applications. You want to accelerate this bad boy? Don’t stop once you apply online for that position. Start finding and then endearing yourself to people working at that company of interest. Schedule informational interviews with would-be peers. Approach an internal recruiter and ask a few questions. Get on the radar of the very people who might influence you getting an interview. (More on that here.)

Pro-Tip

By lining up with people on the inside of the companies at which you want to work, you will instantly set yourself apart. Decision-makers interview people who come recommended or by way of a personal referral before they start sorting through the blob of resumes that arrives by way of the ATS.

3. Remember That Your Resume (and LinkedIn Profile) Is Not a Tattoo

Yes, your new resume is lovely. Your LinkedIn profile, breathtaking. However, if they don’t position you as a direct match for a particular role that you’re gunning for, don’t be afraid to modify wording, switch around key terms, and swap bullet points in and out. Your resume is not a tattoo, nor is your LinkedIn profile. Treat them as living, breathing documents throughout your job search (and career).

Pro-Tip

If you’re a covert job seeker, remember to turn off your activity broadcasts (within privacy and settings) when you make edits to your LinkedIn profile. If your current boss or colleagues are connected to you on LinkedIn, they may get suspicious about all the frequent changes.

4. Accept That You Will Never Bore Anyone Into Hiring You

Don’t get me wrong—you absolutely must come across as polished, articulate, and professional throughout your job search. However, many people translate this into: Must. Be. Boring.

Wrong, wrong, wrong. Realize that few people get hired because they had perfect white space on their cover letters, memorized all of the “correct” interview questions or used incredibly safe, common phraseology (i.e., clichés) throughout their resumes. All of this correctness is going to make you look staged and non-genuine. Instead, give yourself permission to be both polished and endearing. Memorable, likable candidates are almost always the ones who go the distance.

5. If You’re Not on LinkedIn, You Very Nearly Don’t Exist

Considering that more than 90% of recruiters use LinkedIn as their primary search tool, this is not an understatement. If you’re a professional, you need to not only be on LinkedIn, you need to be using it to your full advantage. Don’t believe me? Think about it this way: If tomorrow morning, a recruiter logs onto LinkedIn looking for someone in your geography, with expertise in what you do, and you’re not there? Guess who they’re going to find and contact? Yes, that person’s name is “not you.”

Pro-Tip

If you figure out how to harness the power of no other social media tool for job search, figure out LinkedIn. It’s (by far) the best resource we have available today for career and job search networking, for finding people working at companies of interest, and for positioning yourself to be found by a recruiter who has a relevant job opening.

6. Your Thank You Matters

I once placed a candidate into an engineering role with a company that manufactures packaging equipment. He was competing head-to-head with another engineer, who had similar talents and wanted the job just as badly. My candidate sent a thoughtful, non-robotic thank you note to each person with whom he’d interviewed, within about two hours of leaving their offices. The other candidate sent nothing.

Guess why my candidate got the job offer? Yep, the thoughtful, non-robotic thank you notes. They sealed the deal for him, especially considering the other front-runner sent nothing.

Pro-Tip

Consider crafting, original, genuine thank you notes (one for each interviewer) the moment you get back to a computer, following the interview. The speed with which you send the notes, and the quality, will make an impact.

And finally, remember that the interviewer cares much more about what you can do for them than what you want out of the deal. Certainly, they’re going to care a bunch about what you want once you establish your worth. But during the interview, you must demonstrate why you make business sense to hire, period.

Now, go forth and show your job search exactly who is the boss.

By: Jenny Foss
Source: https://www.themuse.com/advice/6-job-search-tips-that-are-so-basic-people-forget-them
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Phone Interview Tips That Will Help You Get Hired

While you’re job searching, it’s important to be prepared for a phone interview at a moment’s notice. Many companies start the interview process with a phone call to discuss the job opportunity with a prospective employee, determine whether the candidate is a good fit, and to gauge his or her interest in the position. In some cases, a phone interview may be the only interview you’ll have.

In many cases, your interview will be scheduled in advance by email or phone. In others, you may receive a surprise phone call asking whether you’re available to chat about the job.

You never know when a recruiter or a networking contact might call and ask whether you have a few minutes to talk, so always answer the phone professionally, especially if the number is unfamiliar.

You should also make sure that your voicemail message is professional.

Why Companies Use Phone Interviews

Employers use telephone interviews as a way of identifying and recruiting candidates for employment. Phone interviews are often used to screen candidates to narrow the pool of applicants who will be invited for in-person interviews. A phone call is a relatively quick, low-effort way to determine whether a candidate is suitable.

They are also used to minimize the expense involved in interviewing out-of-town candidates. For remote positions, a phone interview may be the only option.

Prepare for a Phone Interview

Before you get on the telephone to interview for a job, review these phone interview tips and techniques so you can ace the interview and make it to the next round.

Research the Company

If you have advance notice of the interview, make sure to review the job description and do a bit of research on the company.

Prepare in Advance

Prepare for a phone interview just as you would for a regular in-person interview. Compile a list of your strengths and weaknesses, as well as a list of answers to typical phone interview questions. In addition, have a list of questions ready to ask the interviewer.

Show the Employer You’re a Match

Take the time to match your qualifications to the job description so that you can speak to why you’re a strong candidate for the position. Review your resume as well. Know the dates when you held each of your previous jobs, and what your responsibilities were.

Have Your Job Materials Nearby

You should feel comfortable and ready to discuss your background and skills confidently during a phone conversation. Have a copy of your resume nearby, so that you can refer to it during the interview. Also have a copy of the job posting and a copy of your cover letter if you sent one.

Consider creating a draft email or a new Word or Google file with all of the relevant information. That way, you’ll have all the details—notes on the company, key points you want to emphasize during the interview, your cover letter, the job posting, and so on—in one spot.

Practice Interviewing

Talking on the phone isn’t as easy as it seems. As with an in-person interview, practice can be helpful. Not only will this help you rehearse answers to common phone interview questions, it will also help you realize if you have a lot of verbal tics, fail to enunciate, or speak too quickly or too slowly.

For practice, have a friend or family member conduct a mock interview and record it so you can see how you sound over the phone. Once you have a recording, you’ll be able to hear your “ums” and “uhs” and “okays” so you can practice reducing them from your conversational speech. It will also help you spot if you have a bad habit of interrupting or rambling.

Additionally, listening to the recording will help you pinpoint answers that you can improve.

If you don’t have someone who can help, practice answering your own questions. You don’t need to memorize answers, but having a sense of what you’re going to say will help reduce your nerves and make your responses sound more natural.

Get Ready for the Call

Before the call, confirm all the details, including the date, time, and who you will be talking to. Be sure you know whether the interviewer is calling you or if you need to make the call.

If something goes wrong and you miss the call, or the recruiter doesn’t call on time, take a deep breath and try to stay calm. You should be able to get the call back on track or reschedule if need be.

Use a quiet, comfortable, and private space with no distractions so you can focus on the interview.

If you’ll be using your cellphone, make sure it’s fully charged, and you are in a spot with good reception for the call. You may also find that standing during an interview helps you sound more energetic during the call.

Proper Phone Interview Etiquette

Review these guidelines for appropriate phone interview etiquette, so you make the best impression on your interviewer.

Answer the phone yourself. First, be sure to let family members and/or roommates know you are expecting a call. When you answer the phone, respond with your name. You can say, “This is Jane Doe” or “John Smith speaking!” That way, the interviewer will know they’ve reached the right person. Make sure to use an upbeat tone of voice (try smiling as you speak).

Follow the interviewer’s lead. Some interviewers may wish to engage in a few minutes of small talk. Others may want to get right into the interview. Let the interviewer steer the start to the conversation, but be prepared to talk about the weather or make other small talk.

Listen carefully to the interviewer and don’t start speaking until the interviewer finishes the question. If you have something you want to say, jot it down on your notepad and mention it when it’s your turn to talk. It can also be helpful to jot down the question (or at least some keywords).

Don’t worry if you need a few seconds to think of a response, but don’t leave too much dead air. If you need the interviewer to repeat the question, ask.

Tips for Acing a Phone Interview

Follow these tips for a successful phone interview:

Create a checklist. Review the job posting and make a list of how your qualifications match the hiring criteria. Have the list available so you can glance at it during the interview.

Have your resume handy. Keep your resume in clear view (either on the top of your desk or tape it to the wall) so it’s at your fingertips when you need to answer questions.

Be prepared to take notes. Have a pen and paper handy for note-taking.

Don’t get interrupted. Turn off call waiting so your call isn’t interrupted. Put your cellphone on “Do not disturb” so you won’t hear beeps or buzzes from apps, text messages, and so on.

Reschedule if you have to. If the call wasn’t scheduled, and isn’t at a convenient time, ask if you could talk at another time and suggest some alternatives.

Clear the room. Evict the kids and the pets. Turn off the stereo and the TV. Close the door.

Use a landline. If you have a landline, use that instead of your cellphone. That way, you’ll eliminate the possibility of poor reception or dropped calls.

Do’s and Don’ts During the Call

  • Do use Mr. or Ms., followed by the interviewer’s last name. Only use their first name if they ask you to.
  • Don’t smoke, chew gum, eat, or drink.
  • Do keep a glass of water handy, though. There’s nothing worse than having a tickle in your throat or a cough starting when you need to talk on the phone. Have a glass of water ready so you can take a quick sip if your mouth gets dry.
  • Do smile. Smiling will project a positive image to the listener and will change the tone of your voice. It can also be helpful to stand during the interview, since this typically gives your voice more energy and enthusiasm.
  • Do focus, listen, and enunciate. It’s important to focus on the interview, which can be harder on the phone than in-person. Be sure to listen to the question, ask for clarification if you’re not sure what the interviewer is asking, and speak slowly, carefully, and clearly when you respond. It’s fine to take a few seconds to compose your thoughts before you answer.
  • Don’t interrupt the interviewer.
  • Do take your time. It’s perfectly acceptable to take a moment or two to collect your thoughts.
  • Do take notes. It’s hard to remember what you discussed after the fact, so take brief notes during the interview.
  • Do give short answers. It’s important to stay focused on the questions and your responses.
  • Do have questions ready to ask the interviewer. Be prepared to respond when the interviewer asks whether you have any questions for him or her. Review these questions to ask the interviewer and have a few ready in advance.
  • Do remember that your goal is to set up a face-to-face interview. At the end of your conversation, after you thank the interviewer, ask if it would be possible to meet in person.

Follow-Up After the Interview

As the interview winds down, make sure to say thank you to the interviewer:

  • Ask for the interviewer’s email address, if you don’t already have it.
  • Send out an email thank-you note immediately, thanking the interviewer and reiterating your interest in the job.
  • You can also use your thank-you note as a way to provide information on anything regarding your qualifications that you didn’t get a chance to mention during the phone interview.

When the interview is over, carefully review any notes you were able to take during the conversation. Jot down what types of questions you were asked, how you responded, and any follow-up questions you may have if you have an opportunity for an in-person interview or a second-round phone interview—or even a job offer. Good luck!

 

BY: ALISON DOYLE
Source: https://www.thebalancecareers.com/how-to-ace-a-phone-interview-2058579
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Here’s How To Find A New Job: Survey Says Transferable Skills Are A Life Raft In The COVID Economy

  A majority of job seekers can’t capture transferable skills on their resumes or identify how their skills apply to other industries, and they are not comfortable speaking with potential employers about those skill sets, a LiveCareer survey found. Job seekers lack … Continue reading

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7 Tips for Keeping Your Construction Projects Going During COVID-19

The construction industry is currently facing a lot of changes that restrict the ways business is done efficiently. In many areas with shelter in place…

By Brian Ward | April 20, 2020

 

The construction industry is currently facing a lot of changes that restrict the ways business is done efficiently. In many areas with shelter in place orders, construction is still considered an essential business, often with the caveat that they maintain social distancing guidelines and/or have a maximum staffing size. However, other areas are more restrictive on the type of construction allowed ex: critical infrastructure only, affordable housing, etc.). Click here for a list of regulatory actions in place by region.

If your construction site was shut down due to a shelter in place or by the owner, consider a Construction Status Review in order to minimize impacts to the property. If you are a developer, this interview with Lisa Glahn of Foley and Lardner offers tips on how to responsibly mothball your site.

For construction projects that are moving forward, the following items may want to be considered as the project proceeds.

  • In times like these, where the situation is changing almost daily without an end date secured in sight, it is important that all parties (ie: lenders, consultants, owners, GCs) communicate more often than normal by both phone and email. In fact, video conferencing is another great way to communicate with your team, as it is the next best alternative to being in-person. It also allows you to read their body language, which may help alleviate any distrust that may be building.
  • Even if you don’t have a full crew at work at your construction site, inspections such as construction progress monitoring are an important part of a construction project in order to see what work has been completed. However, consider opting for virtual walk-through inspections, as needed, for both safety and regulatory reasons. In addition, finding creative ways to conduct a thorough virtual inspection allows you to keep projects on track with less delays.
  • Most countries, including the US, are experiencing materials impacts due to COVID-19. Understanding who and what is being impacted is important. Will the project’s materials be arriving on time? Are there shipping issues? Is there a domestic trucking strike that can affect delivery? Has the merchant closed until further notice? Should you be looking into alternative vendors?
  • Is the schedule still possible given the current climate? Is there enough labor or is enough labor allowed on-site to keep the project moving steadily? Are there out-of-state subs affected by a shelter-in-place order that does not allow them to get back on the job site? Is there a need to build in buffer time for materials to create an adjusted schedule? Have necessary inspections and inspecting entities been affected/delayed? Have the sources and streams of funding been impacted? Is it time to establish a realistic, revised completion milestone(s)? Your funds control consultant may be helpful in flagging items/materials that may also be of concern to the project due to production or shipment delays.
  • Costs go hand-in-hand with labor, materials and the project schedule, as any problems identified with those can impact the cost significantly. With delays, general conditions may continue impacting the budget. Insistence of a strict completion schedule could cause contention and may result in claims for additional overtime or premium pay. Carefully review the project to identify items that may impact the budget, whether it is due to a regulatory decrease in workforce, labor shortages, material shortages, or schedule considerations. A 3rd party consultant can help you with a budget re-review.
  • Review your contracts and other legal documents to see where areas of risk and concern may be (ie: lender’s loan agreement, Owner/Contractor agreement, etc.). Proactively review what could be the repercussions if the project gets shutdown. Does COVID-19 constitute a force majeure event under your contract, and what are its provisions? Be sure to talk to in-house counsel and communicate concerns with the appropriate parties, as needed.
  • Despite so many procedures already in place for a typical commercial construction project, it is important to institute a protocol to address COVID-19 concerns for the safety of all involved. It would be prudent to have GCs disseminate any updated safety protocols, which may be voluntary or may now be required. Updated safety protocols may include specific COVID-19 measures including, but not limited to, daily contractor check-ins, the taking of temperatures prior to allowing workforce on site, required rotating breaks, required staggering start times for different trades, daily sanitation/cleaning, requiring masks to be worn at all times, social distancing, etc. Although creating and instituting new protocols takes time, it is a worthwhile effort and can help give all the parties involved peace of mind.

Although things are uncertain now, remember it is temporary and adapting quickly is the best way to assure your projects can successfully move forward.

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INSIGHT: Construction Industry Outlook—Post-Covid Legal Trends

By: Joanna Horsnail and Casey Williams

https://news.bloomberglaw.com/daily-labor-report/insight-construction-industry-outlook-post-covid-legal-trends

June 30, 2020, 1:00 AM

Covid-19 has necessitated a rethinking of safety, supply chain, and technology in the construction industry. Mayer Brown LLP attorneys look at five trends in construction projects in the wake of Covid-19, with suggestions for how attorneys can approach these developments.

Like most economic sectors, the construction industry has been forever impacted by Covid-19 and project owners, contractors, and designers are reimagining future and early-stage construction projects by incorporating design changes and other precautions and innovations in response to lessons from the pandemic.

Covid-19 has necessitated a rethinking of safety, supply chain, and technology. Lawyers should be mindful of these developments as they represent clients in negotiating and drafting design, construction contracts and project development agreements.

Below are five trends in construction projects in the wake of Covid-19, with suggestions for how attorneys can approach these developments.

Force Majeure Provisions Need Bolstering

Most people involved in the construction industry have been impacted by force majeure claims in early 2020. Covid-19 implicated force majeure claims based on government shutdowns, owner shutdowns, changes in law, labor unavailability and supply chain failures.

Going forward, lawyers should be scrutinizing force majeure clauses more than ever, with specific attention being paid to provisions relating to pandemics and government shutdowns. All parties to a construction contract should be focused on risk allocation and procedures to address a potential resurgence of Covid-19 or a similar pandemic.

Construction Will Involve New Safety Options

To better ensure a facility is able to continue operations during the widespread outbreak of a contagion, project owners are considering new safety features.

Safety considerations pre-Covid-19 were largely focused on acute “incident” risks. Now that we have seen facilities all over the world closed due to the inability of workers to safely work without risk of exposure to the coronavirus, project owners, and even contractors, are thinking about implementation of designs that enable social distancing and regular deep-cleaning of facilities.

Project owners are also considering ways in which existing facilities can be retrofitted to address these new safety considerations, which could require significant scope changes to previously executed construction agreements.

Additionally, in contracts for new projects, attorneys should pay close attention to the safety protocols and carefully allocate responsibility for protective measures during the construction period, including PPE, health screenings, staggered shifts, deep-cleaning and similar considerations.

Better Cyber Security as Tech, Automation Decentralize Construction

The construction industry has benefited from improvements in technology in recent years even without the influence of Covid-19. Now, there will be an increased emphasis on tools that allow construction to be remotely performed and monitored, including use of robotics and autonomous vehicles.

Attorneys practicing in this space must be aware of the risks that come with implementing new technology on a construction project, and agreements need to appropriately allocate novel risks. Parties should consider issues such as data breaches and cybersecurity, confidentiality, licensing/intellectual property rights and defects and safety issues in light of technology being used on a particular project.

Demand for Modular Design, Vertical Structuring, Supply Chain Partnerships

Safety during construction is always a paramount consideration. Now many governmental authorities are restricting the number of construction personnel allowed to be on site, or owners or contractors may self-impose such restrictions.

The Occupational Safety and Health Administration recently released guidance on construction best practices, which called for distancing on sites whenever possible. A reduced or staggered workforce could extend construction timelines or make otherwise traditional construction methods either unsafe or not feasible.

Modular design and construction can be a solution to both problems. By shifting production of certain construction components to offsite locations, projects could remain in compliance with new limitations and simultaneously expedite timelines.

Similarly, expect an increase in vertical structuring and new partnerships, both designed to establish additional reliability in supply chains and facilitate off-site production of construction components.

To address these developments, attorneys will need to be attuned in contract negotiations to special considerations of ownership of work in progress, transportation requirements, site security, insurance, risk of loss and similar matters.

Projects May Need to Rapidly Repurpose

Particularly in certain segments, project owners are starting to envision new projects and spaces with greater flexibility of use in mind.

Consider, by way of example, the lessons learned from the mandate that automotive manufacturers halt production and convert assembly lines to produce ventilators. Also, the conversion of public spaces in a number of metropolitan areas to field hospitals.

Less dramatically, many owners are simply thinking of ways to design projects with features like movable walls, flexible spaces and more support for remote working as we try to reimagine what the workplace may look like in the future as a result of lessons learned from the pandemic. Here, too, modular design may begin to rise in prevalence as a viable solution to increasing versatility.

Attorneys will need to ensure that contracts adequately describe the goals of the project and carefully allocate responsibility. If project scope or design may evolve during the construction process, careful attention should be paid to the change order provisions to try and minimize disputes or protracted negotiations when a project needs to pivot.

The Covid-19 pandemic has served as a stark wake-up call that the unexpected can be exceptionally devastating. Attorneys are rethinking some of what may have once been considered boilerplate in contracts to make sure that even unlikely scenarios are considered in risk allocation and options for changes, suspension and termination.

As the construction industry adjusts to this new era of challenges and opportunities, construction attorneys and their clients should anticipate that issues and trends will continue to rapidly evolve—and we must try to expect the unexpected.

This column does not necessarily reflect the opinion of The Bureau of National Affairs, Inc. or its owners.

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Considerations and Practicalities for Returning Employees to Work During a Pandemic

Article Link: https://www.hklaw.com/en/insights/publications/2020/05/considerations-and-practicalities-for-returning-employees-to-work

By: Erika Royal | Valerie E. Brown | Rachel C. Shim | Phillip M. Schreiber

 

 

Uncertainty surrounding when employers might return employees to work has given way to uncertainty about how to do so. Employers who are considering reopening in the coming weeks will be faced with a dramatically different workplace and a worried workforce. As employers work through the ongoing issues presented by COVID-19, flexibility and responsiveness to issues ranging from the configuration of the workplace and location(s) of workers to employee leave requests as well as evolving health and safety standards will be crucial.

Once shelter-in-place orders have been lifted and employers are permitted to reopen their workspaces, they will need to do so with caution. There will be local, state and federal orders and guidance to consider. Wading through the patchwork of requirements and understanding what guidance or recommendations are mandatory is the first step in preparing a return-to-work plan.

Businesses Will Likely Need to Take a Phased Approach to Reopening

Federal guidance from the White House suggests that businesses should be opened in phases depending on their ability to adhere to guidelines aimed at limiting the potential for transmission of COVID-19 between employees or customers. State and local governments are also beginning to issue orders allowing for the phased reopening of businesses with specific health and safety protocols. Once businesses are permitted to reopen by their state and local government, employers may find it necessary (based upon government guidance or otherwise) to open their individual business in phases by staggering the timeline for returning employees to work. To the extent that employers implement a phased return to work, they should consider which positions will be most essential for the business and identify ways to train employees in these areas, if employees who are available lack the necessary experience and expertise.

Employers Should Be Thoughtful When Returning to Work Furloughed or Separated Employees

In industries where the workforce has been largely subject to furlough and layoff and employers are considering a staggered return-to-work schedule for their employees, employers should consider the impact that partial work may have on employee eligibility for unemployment insurance and the enhanced relief under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). There may be certain scenarios where the employee may benefit more financially by remaining out of work in the short term rather than returning to work on a part-time basis and potentially becoming ineligible for federal supplemental unemployment benefits. Each state has its own weekly income threshold, and thus this will be a highly individualized analysis.

In addition to considering financial implications for employees, if a business has successfully obtained a loan under the federal Paycheck Protection Program (PPP loan), it must be sure to comply the PPP loan use requirements if it plans to obtain forgiveness for the PPP loan as permitted under the CARES Act. For example, 75 percent of the forgiven amount must be used for payroll, and the loan forgiveness may be reduced if the borrower does not maintain or quickly restore staffing and employee salary levels (for salaries that are less than $100,000 annualized and have been reduced by more than 25 percent).

Employers also should establish and follow a procedure for returning employees who have been formally separated from employment (as opposed to being placed on a paid or unpaid furlough). Such employees may need to be re-enrolled in insurance plans and asked to re-sign any applicable employee handbook acknowledgements or agreements (such as restrictive covenant or arbitration agreements).

Employers Will Need Different Policies for High-Risk Employees

Employers will need to pay special attention to employees who are considered at “high risk” of developing severe symptoms if they contract COVID-19 when determining a return-to-work plan. The Centers for Disease Control and Prevention (CDC) has stated that “older adults” and people who have “severe underlying chronic medical conditions like heart or lung disease or diabetes” seem to be at higher risk for developing more serious complications from COVID-19. Businesses will need to determine whether such employees should be asked or required to return to the workplace, balancing against potential violations of the Americans with Disabilities Act (ADA) and other anti-discrimination laws. (Holland & Knight will address the unique challenges that COVID-19 presents in the discrimination arena in a later “Return to Work” alert.) In addition to the CDC guidelines, local health officials may have additional guidelines or restrictions for high-risk employees returning to work.

Even if employers are permitted to ask such employees to return to work, they should be thoughtful about addressing and possibly accommodating the concerns that such employees will likely have. Businesses may want to consider using anonymous surveys to gauge employees’ concerns and willingness to return to work. Many concerns may be alleviated through the business clearly communicating to employees all of the steps the business is taking to protect them.

What to Do if Employees Refuse to Return to Work

Even when employees are not considered to be at “high risk” for severe symptoms if they contract COVID-19, employers should still anticipate that employees may be reluctant or may even refuse to return to work because of a general fear for their own health or the health of their household members, because they are unable to obtain childcare for minor children or for other reasons related to COVID-19. As discussed above, clearly communicating to employees the steps being taken to protect them may be useful to alleviate anxiety and fear.

Employers with fewer than 500 employees may in certain circumstances be required to provide paid or partially paid leave to employees who are unable to return to work for these specified reasons under the Families First Coronavirus Response Act (FFCRA). This topic has been covered in previous Holland & Knight alerts (see “DOL Issues Initial Guidance and Employee Notice for Families First Coronavirus Response Act,” March 25, 2020, and “New Law Requires Employers at Certain Firms Provide Leave, Gives Employer Tax Credits,” March 19, 2020).

Employers who have more than 500 employees or who are otherwise exempted from the FFCRA may still be required to provide some medical leave pursuant to their applicable local or state leave laws. They may also be required to provide an accommodation in the form of leave under the Family and Medical Leave Act (without the FFCRA enhancements), the ADA or other state or local law equivalents. Employers should try to develop uniform criteria to consider when evaluating requests for leave to avoid potential claims of unfair treatment or discrimination.

Returning Employees to Work Will Involve Several Logistical Challenges

As employees return to the physical workplace, state and local orders will likely require employers to reconfigure workspaces to allow for necessary social distancing. Businesses located in office buildings must consider things such as how employees can maintain social distancing while taking the elevator upstairs (and how long those elevator lines will be). Larger employers may consider forming “teams” of employees to come into work during alternating days or weeks. This may be more manageable and limit workplace occupancy levels (which may also be required). Another solution may be to revisit the work “week,” allowing employees to work three or four days per week and staggering shifts on a daily basis, Monday to Saturday. There will be wage and hour implications for these types of changes, which will be addressed in a later alert in this series.

Employers may also consider limiting or eliminating access to communal areas in the workplace, such as lunch rooms and large conference rooms. If an employer chooses to limit or eliminate access to the lunch room, for example, employers should ensure that they are providing employees alternative options so that employees can still take an uninterrupted meal break and have access to sanitary space to have lunch.

Social Distancing Protocols Must Be Enacted When Returning Employees to Work

As workplaces reopen, the CDC has issued general guidelines and recommendations to be followed in order to mitigate the chances of contracting COVID-19 in the workplace. The CDC guidelines and recommendations include:

 

Additional strategies for social distancing that businesses should consider include:

  • displaying markings or signs reminding customers and employees to maintain social distancing in areas where people congregate (use of “zones,” one-way corridors, waiting lines)
  • wearing masks/face coverings where social distancing is not possible or unlikely to be effective
  • social distancing during shift changes/breaks
  • establishing maximum capacities for restrooms
  • modifying frequently touched surfaces to make “touchless” (i.e., foot pedals to open doors)
  • holding fewer in-person meetings and using increased conference calls or video conferences
  • instructing employees not to use other employees’ workspaces or equipment
  • developing or revising “crowd control” plans to change security processes and procedures (such as setting a maximum number of employees and visitors on company premises at one time)

Mental Health Concerns

As employees return to work, employers will need to keep the mental health of employees in mind. Employers that want to create a smooth transition as employees return to work will need to address the mental health of their employees and take affirmative action. It is recommended that employers consider the following actions to assist employees and address mental health concerns.

  • Communicate: Provide transparency to employees regarding the steps taken to protect employees from COVID-19.
  • Combat Employee Burnout: Provide additional breaks and days off to employees to deal with stress and concerns related to COVID-19.
  • Provide an EAP: Employee assistance plans (EAPs) provide employees with access to mental health professionals who can provide a limited number of counseling sessions and also recommend mental health professionals for continued treatment. Employers who have EAPs should make sure that employees are aware of this resource, and employers without EAPs should consider putting such a program in place.
  • Group Health Plan Benefits: In addition to providing coverage for mental health care, many group health plans include behavioral health programs that assist those experiencing difficulties. Telehealth services can also be used to provide faster access to mental health care providers. Employers should make sure that employees understand and are aware of the various mental health benefits and programs available under their group health plans.

Group Health Plan Coverage

Whether a plan is self-insured or fully insured, sponsors and administrators of group health plans will need to adopt changes to ensure that their plans comply with changes made by the FFCRA and the CARES Act and provide sufficient benefits to combat COVID-19. Under the acts, group health plans will have to do the following.

  • Cover the full cost without cost-sharing (i.e., deductibles, copayments, or coinsurance) of testing for COVID-19. This requirement extends to tests provided by both in-network and out-of-network providers and is mandated for the duration of the public health emergency. Both swab tests that collect a specimen from an individual’s upper respiratory tract to diagnosis a case of COVID-19 and approved blood tests that look for antibodies to the coronavirus must be covered.
  • Once developed, group health plans will also be required to provide coverage without any cost-sharing for coronavirus vaccines.
  • Under the CARES Act, a high-deductible health plan (HDHP) that provides first-dollar coverage for telehealth services before the deductible has been satisfied will continue to qualify as an HDHP.

To ensure that operations run smoothly and employees who come back to work have needed healthcare coverage, employers must update their plans to provide coverage for testing and vaccines. Employers should also consider amending their HDHPs to provide first-dollar coverage for telehealth services. Employers will need to prepare required amendments and summary of material modifications (SMM) documenting these changes and communicating them to employees.

About This Series

Over the course of this series, Holland & Knight’s Labor, Employment and Benefits Group will cover practicalities underlying state reopening orders, on-site employee screening and testing challenges, the establishment of a pandemic response team, the creation and maintenance of a work environment designed to mitigate COVID-19 transmission, establishing and maintaining social distancing protocols, and how to address fears that employees may have about returning to the workplace.

We also will address how employers can avoid discrimination, harassment, retaliation, whistleblower and privacy claims connected with COVID-19. Leave issues associated with COVID-19 as well as wage and hour issues that will permeate all of these employer challenges will also be examined. Unionization and collective bargaining issues will also be addressed because COVID-19 workplace safety may complicate existing union relationships or give rise to unionization issues that previously were not present for certain businesses and industries.

Finally, we will look at the post-COVID-19 workplace that might arise. Teleworking, office redesign, shift staggering, benefits and employee health issues will be explored.

Edward Diaz, leader of Holland & Knight’s national Labor, Employment and Benefits Group, succinctly explains the goal of this series: “Every worksite is unique, and there is no universal solution for these challenges. Our goal is to offer practical ideas and thoughts about how each employer may approach these challenges in a manner that is best suited to that employer.”

Holland & Knight’s labor and employment attorneys stand ready to offer assistance with these challenges. In addition, as state and local governments continue to issue new orders for May, Holland & Knight provides updated summaries of state and local orders to help companies keep track of regulations and requirements that are essential to all businesses.

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5 Steps To Reopen Your Workplace, According To CDC’s Latest Guidance

Article Link: https://www.fisherphillips.com/resources-alerts-5-steps-to-reopen-your-workplace-according

 

The Centers for Disease Controls and Prevention (CDC) just released guidance to assist employers in making decisions regarding reopening during the COVID-19 pandemic. Besides continuing to follow the recommendations issued by state and local health departments when determining the most appropriate actions to take, you should pay particular attention to these five steps.

  1. Consider Preliminary Questions Before Reopening

According to the CDC guidance, you should consider three questions when deciding whether to reopen:

  • Are you in a community no longer requiring significant mitigation?
  • Will reopening be in compliance with state and local orders?
  • Will you be ready to protect employees at higher risk for severe illness? (e.g. teleworking, tasks that minimize contact)?

You should only consider reopening if you can answer “yes” to each of the three questions.

  1. Take Recommended Safety Actions

Once you feel comfortable that your organization can satisfy the three preliminary questions, you should next adopt the CDC’s recommended safety actions. They include:

  • Promoting healthy hygiene practices;
  • Intensifying cleaning, disinfection (e.g., small static groups, no large events);
  • Canceling non-essential travel, and encouraging alternative commuting and telework;
  • Ensure social distancing continues, as you should consider installing physical barriers between workstations, spacing out seating (more than six feet), and staggering gathering times;
  • Restricting use of any shared items and spaces; and
  • Training all staff in the above safety actions.
  1. Implement Safeguards For The Ongoing Monitoring Of Employees

Next, before reopening, you should implement safeguards for the ongoing monitoring of employees. They include:

  • Encouraging employees who are sick to stay home;
  • Establishing routine, daily employee health checks;
  • Monitoring absenteeism and having flexible time off policies;
  • Having an action plan if a staff member gets COVID-19;
  • Creating and testing emergency communication channels for employees; and
  • Establishing communication with state and local health authorities.

If your workplace does see a positive case of COVID-19, you should follow the guidance provided in our 4-Step Plan For Handling Confirmed COVID-19 Cases When Your Business Reopens.

  1. Prepare Your Physical Workspace For Reopening

The final step before you reopen your doors involves preparing your physical workspace for the reentry of workers, customers, guests, and other visitors. The CDC has released guidance for cleaning and disinfecting public spaces, workplaces, businesses, schools, and homes. You should review this guidance when implementing cleaning procedures at your facilities after shelter-in-place orders are lifted.

For outdoor areas, you should maintain existing cleaning practices. As the CDC notes, viruses are killed more quickly by warmer temperatures and sunlight.

For indoor areas, the CDC recommends normal, routine cleaning for areas that have been unoccupied within the last seven days. For indoor areas that have been occupied with in the last seven days, the CDC recommends that frequently touched surfaces and objects made of hard and non-porous materials (glass, metal, or plastic) be cleaned and disinfected more frequently. Frequently touched surfaces and objects made of soft and porous materials, such as carpet, rugs, or material in seating areas, should be thoroughly cleaned or laundered. If possible, the CDC recommends considering removing soft and porous materials in high traffic areas. Surfaces and objects that are not frequently touched should be cleaned on a routine basis.

  1. Maintain Vigilance

Your work is not completed once you open your doors and welcome back your workers and others. The CDC recommends that you should maintain routine cleaning and disinfection procedures after reopening to reduce the potential for exposure. Finally, you should continue to monitor COVID-19 in your area, and if necessary, be prepared to close your facilities quickly if another outbreak occurs.

Conclusion

This a constantly evolving area, with new guidance being issued nearly every day. Fisher Phillips will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, or any member of our Post-Pandemic Strategy Group Roster. You can also review the FP BEYOND THE CURVE: Post-Pandemic Back-To-Business FAQs For Employers and our FP Resource Center For Employers.

 

 

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Going Back to Work While COVID-19 Is Still Spreading

Article Link: https://www.consumerreports.org/coronavirus/going-back-to-work-while-covid-19-is-still-spreading/

By: Laura Entis

 

 

Many people in the U.S.—including doctors, nurses, bus drivers, and grocery clerks—have not stopped working throughout the coronavirus pandemic. But among the millions of others who have been furloughed or teleworking for a month or more, some are now being asked to return to work.

That’s especially true in states such as Georgia and Texas, which have allowed a wide array of businesses to reopen, from movie theaters to salons to some offices.Sign Up

Multiple federal agencies—including the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the Equal Employment Opportunity Commission (EEOC)—have issued guidance on how employers can make their workplaces safer for employees. But at the moment, these guidelines are just suggestions.

“You can’t enforce them . . . because it’s completely voluntary,” says Jonathan Karmel, J.D., a union labor lawyer and the author of “Dying to Work: Death and Injury in the American Workplace.”

Some state and local officials have stepped into this vacuum. In New York, for example, Governor Andrew Cuomo issued an executive order that turns recommendations from the CDC guidelines, such as developing a regular cleaning and disinfection plan and maintaining social distancing, into enforceable standards.

In the absence of unified rules, the legal minimum for what you can expect if you return to work depends on your state and jurisdiction.

That said, even in areas where there aren’t COVID-specific regulations in place, employees should feel empowered to ask either the owner of the company or someone in its human resources department, “What steps do you have in place to protect us as the workers?” says Tina Tan, M.D., a specialist in pediatric infectious diseases at the Feinberg School of Medicine, Northwestern University, and a board member of the Infectious Diseases Society of America. “They have all the right in the world to ask that question.”

George Slover, senior policy counsel at Consumer Reports, agrees. “Returning workers need to be absolutely confident that their employer is doing everything it reasonably can to protect them,” he says. “People should know that their health and safety is a top priority.”

Here are five issues to discuss with your employer if you’ve been asked to return to work.

Will Social Distancing Be Practiced?

COVID-19 is primarily transmitted through close person-to-person contact and respiratory droplets produced when an infected person coughs or sneezes. That’s why social distancing is one of the best measures to limit its spread, says Karen Hoffmann, R.N., the immediate past president of the Association for Professionals in Infection Control and Epidemiology.

Whenever possible, employers should ensure that workers can maintain a 6-foot distance from one another, which could mean physically moving furniture or desks to separate workstations, operating at a reduced capacity, or staggering shifts to decrease the number of people who are in the workplace at one time.

While federal guidelines call for social distancing, many state and local officials have gone further, instituting enforceable recommendations. Some of these rules are designed primarily to protect customers, but may reduce the risk of exposure for workers as well. In Rhode Island, for example, grocers must limit the number of customers in the store to 20 percent of their stated fire capacity.

What Other Precautions Will Be in Place?

There is some evidence that in certain situations, a 6-foot distance on its own may not be enough to prevent transmission indoors, Tan says, including if an infected person is breathing heavily, coughing, or sneezing.

The airflow created by fans, air conditioning, and heating units can also carry the virus farther. Physical barriers, such as plastic dividers, are therefore a good supplement to social distancing for protecting employees from coming into contact with the coronavirus. What’s more, they provide a second line of protection that goes beyond simply relying on individual compliance.

In addition to spreading through respiratory droplets, it’s believed that COVID-19 can be transmitted through contaminated surfaces. Therefore, it’s important that companies also regularly disinfect communal areas and surfaces. CDC guidance recommends that “surfaces frequently touched by multiple people, such as door handles, desks, phones, light switches, and faucets, should be cleaned and disinfected at least daily.”

Ideally, employers “should have someone assigned to wipe down frequently touched surfaces with some type of antiseptic wipe,” Tan says. She advises that cleanings occur in the morning, before everyone comes in, again in the mid-afternoon, and then again before people leave.

Will Protective Equipment Be Provided?

In workplaces—especially hair salons, restaurants, movie theaters, or other businesses where employees regularly interact with customers at close range—personal protective equipment (PPE) is crucial for limiting the spread of the disease.

“Everyone should be wearing a mask at all times,” Hoffmann says. This includes clients and customers as well as staff. Cloth masks and other nonclinical face coverings “primarily contain your own droplets so you are not exposing the person next to you,” Hoffmann says, which is why universal masking in these situations is important. Since some people are refusing to wear masks, ask your employer what it will do if a coworker or customer does not wear one.

Hand sanitizer and antiseptic wipes can also help, particularly for workers who are coming into regular contact with communal surfaces or serving customers.

At the federal level, employers aren’t legally required to provide PPE, although a number of states—including New Jersey, Rhode Island, and Michigan—as well as some local jurisdictions, have taken this step. Some states that require this are helping companies buy PPE for their workers, but others are not—especially if there is a limited amount of PPE available, Tan says.

She advises that workers reach out to HR or, if it’s a small business, the owner, to inquire whether such supplies will be provided. If not, “express your concerns,” Tan suggests.

If your employer is not providing PPE, plan on bringing in your own mask, hand sanitizer, and antiseptic supplies, if possible. And remember to regularly wash your hands.

What Happens If an Employee Has COVID-19 or Shows Symptoms?

Some companies may choose to screen employees before they enter the building, a process that might include screening questions—such as asking about symptoms like chills and fever—or physically taking workers’ temperatures. Those who are presenting symptoms should be told to stay home, or sent home if they show up at the office, Tan says. Even when implemented carefully, however, this process is not foolproof: Research has shown that people who don’t have symptoms can still spread the virus to others.

Some professional organizations have issued industry-specific recommendations. Ahead of Georgia’s reopening, for example, the Georgia State Board of Cosmetologists and Barbers released guidelines for salons, advising that owners implement temperature checks and screening questions along with social distancing measures.

If workers fall ill, the CDC recommends they stay home until at least three days have passed since recovery and at least 10 days have passed since symptoms first appeared. For workers who have been in close contact with someone with COVID-19, the agency advises they remain at home and practice social distancing for 14 days.

Can I Continue Teleworking?

If you’ve been able to work remotely and would like to continue doing so, it’s worth bringing it up with your employer.

If you have a pre-existing condition, such as lung disease, impaired immunity, or many other health issues that increase the risk of severe COVID-19, you should be covered by the Americans with Disabilities Act (ADA), says Peter Blanck, Ph.D., J.D., a lawyer and professor at Syracuse University.

The ADA definition of a disorder is broad, encompassing any “physical or mental impairment that substantially limits one or more major life activities.” This includes conditions such as asthma, depression, and anxiety that, along with other disabilities, are assessed on an individual basis—taking current circumstances into account. Pregnancy is covered by the Pregnancy Discrimination Act, while older workers are protected by the Age Discrimination in Employment Act. All three laws are enforced by the Equal Employment Opportunity Commission.

To deny a teleworking request, your employer would have to show that it’s essential for you come into the office to do your job. “These things are case-by-case determinations,” Blanck says.

He recommends starting the conversation by alerting your employer to your specific disability, letting them know that it’s covered by the ADA, and outlining accommodations, such as working remotely, that would allow you to continue to perform essential functions. “The employer has to come back and say, ‘no you can’t’, or ‘yes it’s reasonable for you to do that,’” Blanck says. You may reach a compromise, such as coming into the office two days a week and working at home the others.

“If they can’t accommodate your request, they have to look for alternatives,” Karmel says. Ultimately, “it’s an interactive process between the employee, the employer, and sometimes, a medical provider.”

If you don’t have a condition that is covered by the ADA and are asked to come into work, your employer should have established a safety plan for protecting you from infection. Failing to do so could open them up to personal injury claims, experts say.

“You have a . . . right to expect that the employment setting is not going to put you in harm’s way,” Blanck says. “There are a lot of things employers are going to have to do to protect their workers and protect themselves from being negligent.”

These are reasonable expectations, says David Friedman, vice president of advocacy at Consumer Reports. “We’re in the middle of a global pandemic, and everyone should be taking precautions to keep people safe,” he says. “Companies that carelessly fail to do so should be held accountable for the harm that causes. Otherwise, this will only get worse for everyone.”

 

 

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Going Back to Work While COVID-19 Is Still Spreading

Article Link: https://www.consumerreports.org/coronavirus/going-back-to-work-while-covid-19-is-still-spreading/

By: Laura Entis

 

Many people in the U.S.—including doctors, nurses, bus drivers, and grocery clerks—have not stopped working throughout the coronavirus pandemic. But among the millions of others who have been furloughed or teleworking for a month or more, some are now being asked to return to work.

That’s especially true in states such as Georgia and Texas, which have allowed a wide array of businesses to reopen, from movie theaters to salons to some offices.Sign Up

Multiple federal agencies—including the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the Equal Employment Opportunity Commission (EEOC)—have issued guidance on how employers can make their workplaces safer for employees. But at the moment, these guidelines are just suggestions.

“You can’t enforce them . . . because it’s completely voluntary,” says Jonathan Karmel, J.D., a union labor lawyer and the author of “Dying to Work: Death and Injury in the American Workplace.”

Some state and local officials have stepped into this vacuum. In New York, for example, Governor Andrew Cuomo issued an executive order that turns recommendations from the CDC guidelines, such as developing a regular cleaning and disinfection plan and maintaining social distancing, into enforceable standards.

In the absence of unified rules, the legal minimum for what you can expect if you return to work depends on your state and jurisdiction.

That said, even in areas where there aren’t COVID-specific regulations in place, employees should feel empowered to ask either the owner of the company or someone in its human resources department, “What steps do you have in place to protect us as the workers?” says Tina Tan, M.D., a specialist in pediatric infectious diseases at the Feinberg School of Medicine, Northwestern University, and a board member of the Infectious Diseases Society of America. “They have all the right in the world to ask that question.”

George Slover, senior policy counsel at Consumer Reports, agrees. “Returning workers need to be absolutely confident that their employer is doing everything it reasonably can to protect them,” he says. “People should know that their health and safety is a top priority.”

Here are five issues to discuss with your employer if you’ve been asked to return to work.

Will Social Distancing Be Practiced?

COVID-19 is primarily transmitted through close person-to-person contact and respiratory droplets produced when an infected person coughs or sneezes. That’s why social distancing is one of the best measures to limit its spread, says Karen Hoffmann, R.N., the immediate past president of the Association for Professionals in Infection Control and Epidemiology.

Whenever possible, employers should ensure that workers can maintain a 6-foot distance from one another, which could mean physically moving furniture or desks to separate workstations, operating at a reduced capacity, or staggering shifts to decrease the number of people who are in the workplace at one time.

While federal guidelines call for social distancing, many state and local officials have gone further, instituting enforceable recommendations. Some of these rules are designed primarily to protect customers, but may reduce the risk of exposure for workers as well. In Rhode Island, for example, grocers must limit the number of customers in the store to 20 percent of their stated fire capacity.

What Other Precautions Will Be in Place?

There is some evidence that in certain situations, a 6-foot distance on its own may not be enough to prevent transmission indoors, Tan says, including if an infected person is breathing heavily, coughing, or sneezing.

The airflow created by fans, air conditioning, and heating units can also carry the virus farther. Physical barriers, such as plastic dividers, are therefore a good supplement to social distancing for protecting employees from coming into contact with the coronavirus. What’s more, they provide a second line of protection that goes beyond simply relying on individual compliance.

In addition to spreading through respiratory droplets, it’s believed that COVID-19 can be transmitted through contaminated surfaces. Therefore, it’s important that companies also regularly disinfect communal areas and surfaces. CDC guidance recommends that “surfaces frequently touched by multiple people, such as door handles, desks, phones, light switches, and faucets, should be cleaned and disinfected at least daily.”

Ideally, employers “should have someone assigned to wipe down frequently touched surfaces with some type of antiseptic wipe,” Tan says. She advises that cleanings occur in the morning, before everyone comes in, again in the mid-afternoon, and then again before people leave.

Will Protective Equipment Be Provided?

In workplaces—especially hair salons, restaurants, movie theaters, or other businesses where employees regularly interact with customers at close range—personal protective equipment (PPE) is crucial for limiting the spread of the disease.

“Everyone should be wearing a mask at all times,” Hoffmann says. This includes clients and customers as well as staff. Cloth masks and other nonclinical face coverings “primarily contain your own droplets so you are not exposing the person next to you,” Hoffmann says, which is why universal masking in these situations is important. Since some people are refusing to wear masks, ask your employer what it will do if a coworker or customer does not wear one.

Hand sanitizer and antiseptic wipes can also help, particularly for workers who are coming into regular contact with communal surfaces or serving customers.

At the federal level, employers aren’t legally required to provide PPE, although a number of states—including New Jersey, Rhode Island, and Michigan—as well as some local jurisdictions, have taken this step. Some states that require this are helping companies buy PPE for their workers, but others are not—especially if there is a limited amount of PPE available, Tan says.

She advises that workers reach out to HR or, if it’s a small business, the owner, to inquire whether such supplies will be provided. If not, “express your concerns,” Tan suggests.

If your employer is not providing PPE, plan on bringing in your own mask, hand sanitizer, and antiseptic supplies, if possible. And remember to regularly wash your hands.

What Happens If an Employee Has COVID-19 or Shows Symptoms?

Some companies may choose to screen employees before they enter the building, a process that might include screening questions—such as asking about symptoms like chills and fever—or physically taking workers’ temperatures. Those who are presenting symptoms should be told to stay home, or sent home if they show up at the office, Tan says. Even when implemented carefully, however, this process is not foolproof: Research has shown that people who don’t have symptoms can still spread the virus to others.

Some professional organizations have issued industry-specific recommendations. Ahead of Georgia’s reopening, for example, the Georgia State Board of Cosmetologists and Barbers released guidelines for salons, advising that owners implement temperature checks and screening questions along with social distancing measures.

If workers fall ill, the CDC recommends they stay home until at least three days have passed since recovery and at least 10 days have passed since symptoms first appeared. For workers who have been in close contact with someone with COVID-19, the agency advises they remain at home and practice social distancing for 14 days.

Can I Continue Teleworking?

If you’ve been able to work remotely and would like to continue doing so, it’s worth bringing it up with your employer.

If you have a pre-existing condition, such as lung disease, impaired immunity, or many other health issues that increase the risk of severe COVID-19, you should be covered by the Americans with Disabilities Act (ADA), says Peter Blanck, Ph.D., J.D., a lawyer and professor at Syracuse University.

The ADA definition of a disorder is broad, encompassing any “physical or mental impairment that substantially limits one or more major life activities.” This includes conditions such as asthma, depression, and anxiety that, along with other disabilities, are assessed on an individual basis—taking current circumstances into account. Pregnancy is covered by the Pregnancy Discrimination Act, while older workers are protected by the Age Discrimination in Employment Act. All three laws are enforced by the Equal Employment Opportunity Commission.

To deny a teleworking request, your employer would have to show that it’s essential for you come into the office to do your job. “These things are case-by-case determinations,” Blanck says.

He recommends starting the conversation by alerting your employer to your specific disability, letting them know that it’s covered by the ADA, and outlining accommodations, such as working remotely, that would allow you to continue to perform essential functions. “The employer has to come back and say, ‘no you can’t’, or ‘yes it’s reasonable for you to do that,’” Blanck says. You may reach a compromise, such as coming into the office two days a week and working at home the others.

“If they can’t accommodate your request, they have to look for alternatives,” Karmel says. Ultimately, “it’s an interactive process between the employee, the employer, and sometimes, a medical provider.”

If you don’t have a condition that is covered by the ADA and are asked to come into work, your employer should have established a safety plan for protecting you from infection. Failing to do so could open them up to personal injury claims, experts say.

“You have a . . . right to expect that the employment setting is not going to put you in harm’s way,” Blanck says. “There are a lot of things employers are going to have to do to protect their workers and protect themselves from being negligent.”

These are reasonable expectations, says David Friedman, vice president of advocacy at Consumer Reports. “We’re in the middle of a global pandemic, and everyone should be taking precautions to keep people safe,” he says. “Companies that carelessly fail to do so should be held accountable for the harm that causes. Otherwise, this will only get worse for everyone.”

 

 

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