Next Steps: Phase 1

  • Before you can fully transition back to the workplace there are steps that need to be taken to ensure the facilities are still in the same working order as when you left them
    • Inspect the building in which you work for electrical safety as well as fire safety and overall safety management
    • Make sure all work spaces and shared employee areas have been properly cleansed and disinfected
    • Have protocols for safety and cleanliness to explain to employees.  This includes plans for social distancing, use of gloves, and face masks/shields.  It’s important to educate employees and keep them up to date with these processes should they change
  • Communication is critical during these times and helps guide employees through any uncertainties they may be feeling.  Returning back to work may be difficult for some and it’s important to reassure everyone all proper precautions are being taken for their safety
    •  Discuss employees working from home in circumstances where they may be feeling ill or as they await COVID-19 test results
    • Help employees become familiar with new daily practices such as checking for temperatures at the beginning and/or end of the work day
    • Give them resources to educate themselves about best health practices even outside the work place
  • Understand that the landscape in which you work may look different for an undetermined amount of time. 
    • Keep being prepared to adjust to change and use resources to better serve your clients, employees, and coworkers
    • Things may be different from one location to the next dependent on operations.  Take this into account when maneuvering specific guidelines upon reopening

Businesses Permitted to Operate During Phase 1 (Nevada)

  • Restaurants
    • Strongly encourage to continue curbside, delivery, and/or pickup with previous protocols
    • Allowed open to dine-in under strict restrictions and social distancing requirements.  No more than 50% occupancy per fire code.
    • Pubs, wineries, bars and breweries that serve food are subject to same guidelines
    • Employees required to wear face coverings; customers expected to wear face coverings when practicable
  •  Barber shops, hair salons, and nail salons
    • Services provided by appointment only; no indoor waiting
    • Socially distancing with each workstation or seating arrangement still 6 feet apart
    • Employees required to wear face coverings; customers expected to wear face coverings when practicable
  • Retail Businesses
    • Employees required to wear face coverings if they are interacting with the public directly; customers expected to wear face coverings when practicable
    • Encouraged to limit customers in the facility and implement industry best practices.  No more than 50% occupancy per fire code
    • Encouraged to still practice curbside pickup
    • Open air malls are open, while indoor malls remain closed
  • Cannabis
    • Retail dispensaries still encouraged to continue curbside services
    • Can conduct in-store sales after an action plan has been provided and approved by the Marijuana Enforcement Division
    • No more than 10 customers or 50% occupancy, whichever is fewer
    • Employees required to wear face coverings and are permitted to refuse service to customers without face coverings
  • Other
    • Drive in movie theatres may resume following strict social distancing guidelines
    • Auto dealers are encouraged to operate on appointment only with showroom areas at no more than 50% occupancy per fire code

Legal Guidance for Reopening

  • OSHA Requirements
    • It is the duty of employers to provide a safe and healthy work environment
    • This now means cleaning of workplaces, temperature screenings for employees and visitors, and
    • Employers can mandate that employees use PPE when a hazard exists and employees have the right to demand PPE
    • Employers must perform hazard assessment, consider other alternative options to protect employees, identify and provide appropriate PPE, train employees in use, care, cleaning, and replacement of PPE and prepare a plan that is reviewable. 
    • Employers should allow employees to wear cloth face coverings as PPE, but cannot require employees to use their own PPE
  • ADA Requirements
    • ADA permits some medical inquiries because COVID-19 has been declared a pandemic
      • Employers must follow guidance from the CDC and other reputable medical sources in responding to this direct threat to safety
      • Must focus on exposure and symptoms
    • Medical information obtained from employees must be kept confidential
    • Employees with disabilities may be entitled to reasonable accommodations
      • This includes leave, remote work, reassignment of duties, job transfers etc.
      • Duty to accommodate applies to employees who are working on-site and employees who are telecommuting because of COVID-19
    • If an employee has a disability, employers need to evaluate reasonable accommodations and engage in the interactive process
    • Non-latex gloves for employees with latex allergies
    • Alternative to cloth face coverings for those with respiratory conditions
    • Sign language assistance and/or clear face masks for hearing impaired who rely on lip reading
    • No legal duty to accommodate generalized fear that is not based on evidence of hazards in workplace
    • However, if employees have underlying disabilities that contributes to fear, you have to accommodate under ADA 
      • This includes psychological impairments
  • Temperature Checking
    • Law may require written notice that temperatures may be required
    • Set a temperature threshold
    • Testing should be the least invasive and touchless devices are best
    • A trained, qualified individual must administer the temperature checks and you may have to provide that individual with personal protective equipment
    • Plan for social distancing at the temperature taking location
    • Take temperatures in a private location to keep employees’ results confidential in the event they need to be turned away
    • Consent is NOT required
    • If you decide to keep the results, you must store them in a confidential and safe manner
    • Self-administered is an option
      • Employers can require employees and others to self-administer temperature checks on a daily basis and to very in writing results of those test before entering the worksite
      • May be less reliable, even though I may be less costly
      • Consider home self-administered test as well
  • Other Screening Measures
    • You may ask employees and visitors about any symptoms, exposures, or diagnoses they may be exhibiting, but you have to keep the information private
      • You cannot ask about age, underlying health conditions, or pregnancy
    • Tests are being developed to evaluate whether a person has/had COVID-19 or has been exposed
    • If a vaccine is developed, employers may be able to require employees to become vaccinated
  • Safety Recommendations for applicable businesses
    • Limit occupancy
    • One-way aisles
    • Plexiglass
    • Placement of tables or other physical barriers to create distance
    • Contactless delivery options
    • Place floor tape to mark 6-feet distances
    • Limitations on elevator usage
    • Create distance between desks and workstations
    • Modify open floor plans with partitions
    • Make only certain workstations available (every other)
    • Close or modify common areas and conference rooms
    • Create touchless entries and devices
    • Improve air flow and ventilation
    • Improve signage to remind employees
    • Hold fewer in person meetings

Links to Resources for Industry Specific Guidance