Reopening during the pandemic: Minefield' awaits the unprepared.

Byline: Kelly Caplan

After weeks of closure to help mitigate the spread of the coronavirus, Michigan businesses are slowly reopening.

But practitioners warn that employers could face serious repercussions if they rush to open without a plan to protect employees and customers.

With no vaccine for the virus, businesses that reopen without appropriate measures in place can expect to fend off lawsuits if their employees or customers contract COVID-19 and hold them responsible.

"No matter how much social distancing is practiced or personal protective equipment is provided in reopened workplaces, we know there will be more infections after people start returning to work," said employment attorneyDanVillaireof Howard & Howard in Royal Oak.

According toVillaire, it's inevitable that civil suits will be filed by employees and customers who've contractedCOVID-19, alleging they became ill because the company failed to maintain a safe workplace or environment and are liable for damages.

One of the most daunting tasks for businesses to undertake before reopening is ensuring a safe and sanitary environment for employees and customers. The CDC guidelines for operating during the pandemic can be found on the organization's website.

Additionally, Section 11 of Gov. Gretchen Whitmer's Executive Order 2020-70 offers guidelines for businesses to reopen safely, and states, in part, that businesses must "develop a COVID-19 preparedness and response plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration."

Villairesaid it's crucial for businesses to be in compliance with the governor's executive orders, as well as the COVID-19 directives issued by OSHA and other governmental or regulatory bodies.

"Companies that conscientiously implement all medical recommendations and other reasonable precautions should get favorable treatment from judges," he explained. "Those who aren't fully compliant could be found negligent and liable."

Whistleblower suits

Potential personal injury suits aren't the only litigation that businesses may face.

1. Vince Colella, a civil rights and personal injury attorney and co-founder of Moss & Colella in Southfield, anticipates there will be an uptick in whistleblower lawsuits once the COVID-19 crisis begins to wane. He expects these cases will be presented from a perspective different from that of traditional whistleblowers.

"Whistleblowers tend...