The landscape is rapidly changing as all Maryland Manufacturers navigate critical issues and concerns with COVID-19, and new bills are being passed at the State and Federal level.
Here are some of the most frequently asked questions and answers:
Question:
What do I do about cleaning and disinfecting my facility on a daily basis? Is bringing in cleaning products for my employees to use OK?
Answer:
The EPA has published a list of all the Disinfectants and Cleaners on it’s website that are appropriate to use to combat the virus. It’s important to remember that:
- IF you are asking employees to clean any equipment or surfaces and cleaning is NOT a regular job duty, Employers MUST provide training. Be sure to include a sign off sheet that the employee has been trained, by whom, and the date.
- All cleaning materials MUST have an SDS sheet. Remember that as part of your Hazard Communication plan, any NEW chemical/material introduced into your facility MUST be reviewed with your employees.
Question:
I’ve heard about companies taking employees temperatures to identify anyone that is sick – can I do this?
Answer:
Yes. The EEOC has relaxed measures related to taking temperatures to ensure the health of the workforce and to limit exposure.
- You may ask your employees to take their temperature at home and report if they have a temperature (100.0 degrees or higher is the current level of concern)
- You may take the employees temperature upon entering the workplace. These protocols should be followed if you choose to take the temperatures of your employees:
- If you have a company nurse, he/she should monitor and record the temperatures. If you do NOT have a nurse, then a trained plant First Responder can be assigned the duty.
- Provide training on the proper use of a thermometer, and do NOT use any mouth or orifice thermometers. Forehead or scanning thermometers are the only acceptable thermometers.
- Be sure that you provide a private place for the screenings
- Be sure that temperatures are recorded daily per employee
Question:
What if someone has a temperature? Can I send them home? Do they need a doctor note to return?
Answer:
Yes, all legal guidance under the OSHA General Duty clause and the Center for Infectious Disease Control is in support of sending an employee with an elevated temperature home. Of course, it does not mean the employee has COVID-19, but minimizing ANY illness in the workplace continues to protect those that are vulnerable.
Because of the virus, your employee will most likely tele-health regarding their illness. If it is not COVID-19, it is possible that there will be no ‘doctor note’. Be sure that temperature protocols continue on returning employees, and document, document, document!
Question:
How do I comply with Social Distancing? Do I have to do this in my facility?
Answer:
Yes, within reason. Try to ensure the 6-foot distance at all times between employees. Consider canceling ALL in-person meetings.
- A one-hour separation between shifts to minimize gathering at common locations such as locker rooms and timeclocks. Consider different clock in/out times by last name or clock number and be sure that the timeclock is cleaned BETWEEN employee uses to minimize disease spread.
Question:
Do I have to worry about my employees contracting the COVID-19 virus from surfaces in my facility?
Answer:
YES – the latest guidance from the CDC has determined that the COVID-19 virus can live 2 – 3 DAYS on steel and plastic surfaces (most work surfaces in a manufacturing facility) and up to 24 hours on cardboard. Your employees should use gloves when handling cardboard boxes and WASH HANDS immediately after handling when gloves are removed.
- Develop a cleaning policy for all of your steel and plastic surfaces and record your efforts on a simple check sheet. Again, train your employees on proper cleaning procedures and the chemicals that they will be using.
Question:
Should I be providing coveralls for my employees to wear?
Answer:
If you didn’t use them prior, it is not required. However, the washing of work clothes/uniforms daily is strongly recommended.
Question:
What if one of my employees is diagnosed with COVID-19? How will I find out? What do I do then – do I have to shut down?
Answer:
If an employee is diagnosed, then YES you will need to shut down your facility but most likely only long enough to follow the CDC guidelines on cleaning and disinfecting your entire facility (see CDC guidelines on disinfecting after infection at www.cdc.gov).
However, there are other factors to consider:
- You must determine the level of infection – who/what did the infected employee have contact with?
- You should quarantine any staff for a minimum of 14 days who has had contact with the infected person (this may involve a 14-day shutdown for your entire facility).
- The CDC guidance is currently a community-based decision on reporting positive COVID-19 cases to an employer, so all employees should be directed to self-inform.
- Document who and why any employees are quarantined.
Question:
I’m an essential manufacturer, but one of my employees was pulled over for being on the road during our stay at home order. What should I do?
Answer:
The police presence is increased, so these types of pullovers are common. You should provide a letter stating that the employee is working in an essential industry and is on his/her way to work.
Question:
I have employees who have to stay home to take care of their kids. Do I have to pay those employees?
Answer:
If you employ between 50 – 500, the Expanded FMLA Act allows up to 12 weeks of pay (to be reimbursed to the Employer) at 2/3 of regular pay rate.
- DOL will be providing further guidance for employers with 50 or fewer employees in April 2020.
Question:
My Maintenance Manager is quarantined because his/her doctor is worried about a possible exposure to COVID-19. Can I have them just take vacation pay?
Answer:
No, because IF the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis, they should be paid from the Emergency Paid Sick Leave Act (if you have between 50 – 500 employees).
- If the employee can work from home, then pay as normal.
- If you have under 50 employees, you may be able to get a DOL waiver and be exempted from having to pay the employee outside of your normal business practices.
PLEASE CONTACT YOUR LEGAL COUNSEL IF YOU HAVE ANY QUESTION-SPECIFIC TO YOUR ORGANIZATION. THIS INFORMATION IS NOT PROVIDED AS LEGAL GUIDANCE.
