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Coronavirus Pandemic Preparedness: What Are Questions Employers Should Be Thinking About?

On Wednesday, February 26th, the CDC reported the first case of COVID-19 where the source of the chain is, as yet, unknown.  That might indicate that community spread of the virus is going undetected in California. Regardless, the CDC has warned that spread of the virus is inevitable; Connecticut joined the chorus on Wednesday preaching preparedness. Employers that have overseas operations have already started to think of these issues. Complying with requirements in China, or Italy seem to change daily and the advice seems to get tweaked as well. And while employers need to be aware of the laws that will apply, the fact remains that the issues that employers have to deal with are far more complex.  There are literally hundreds of questions on the table.  What are just some of those questions? Suppose an employee’s child gets sick with suspected COVID-19.  Should the employee be barred from the workplace during the incubation period? And if so, are you prepared ...

State Makes Masks Mandatory in the Workplace, Including Retail Stores

Governor Lamont late Friday issued new Executive Order 7BB, making it mandatory that everyone wear a mask or cloth face-covering in any public place where he or she is unable to maintain a safe social distance of at least six feet. The EO goes into effect on Monday, April 20th at 8 p.m. and also applies to any means of transit, including ride-sharing. The EO also requires DECD to update its safe workplace and safe retail store rules setting forth additional requirements for those settings. Thus, late Friday, DECD issued new workplace rules (here) and new retail store rules (here). Both appear to be effective immediately and run until at least May 20, 2020.  The rules require masks for all employees and customers. Specifically, in the workplace : Each employee shall be required to wear a mask or other cloth material that covers his or her mouth and nose at all times while in the workplace. Employers shall issue such masks or cloth face coverings to their employees. In the event an ...

The Predictable Unpredictability of COVID-19 Antibody Testing

Can I test my employees for COVID-19? Over the course of the last few months, it feels like the answer to that question has been Yes, No, and It Depends. And maybe all three at the same time. In fact, if you look at my post from April 2020, you’ll see the differences in the guidance between then and, as I’ll explain below, now. Quite simple, with more science, we’re starting to get greater clarity on what testing is permissible for employees. For antibody testing, the CDC recently updated its interim guidance to state that antibody test results “should not be used to make decisions about returning persons to the workplace.” Antibody testing, as it turns out, is not yet the panacea yet that many were hoping for. As a result, on June 17, 2020, the EEOC  also updated its guidance on whether antibody testing could be used by employers as a condition of permitting employees to return to the workplace. The short answer is “No”, it cannot be used...