Opening the workplace: Avoid 3 key legal errors.
Your company's leaders may be beyond eager to fully reopen the workplace and get people back to work. But it's important not to overlook crucial organizational issues that could spark employment-law trouble.
As the population of your workplace increases, make sure you're not making any of these less-obvious mistakes, says Dan Kaplan, leader of the coronavirus task force at Foley & Lardner:
1 Failing to designate leaders. It's not enough to make a list of safety protocols to follow in the coming months. They will be quickly forgotten unless people are assigned responsibility for making sure things get done properly--and making adjustments when stumbles occur. Consider forming a task force with members in these roles:
* Team leader: ensures the reopening plan is being executed.
* Logistics coordinator: directs flow of employees and vendors in and out of the facility.
* Structural inspector: updates and maintains the safety measures of the physical building and its offices.
* Disinfection and materials supervisor: monitors the cleaning and disinfection of common areas; ensures proper supplies are always available.
* Task force liaison: solicits feedback from stakeholders during reopening.
* Training administrator: compiles and reviews regulatory guidance; ensures employees have the knowledge and skill to stay safe when they return to work.
It's important for all task force members to remain flexible. The coronavirus has no regard for rules and procedures. You'll need a contingency plan for shutting down your facilities again if health conditions dictate.
2 Making overly individualized health assessments. Beware of going too far in your zeal to protect vulnerable workers from infection.
The ADA is a flashpoint. For example, it's illegal to bar...
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