South Florida employers should brace for the potential impact of Covid-19

In South Florida, anxiety mounts over the increasing threat of the novel coronavirus, Covid-19. In the past month, Covid-19 has spread to at least 24 countries, and the World Health Organization (WHO) has declared it a global emergency. The Centers for Disease Control and Prevention (CDC) has issued several travel health notices, including a Warning Level 3, to avoid nonessential travel to China. While the CDC has stated that the immediate health risk from Covid-19 is considered low, the virus may soon become an international health crisis.

Covid-19 poses unique concerns for employers faced with the responsibility of maintaining a safe workplace for its employees in accordance with the U.S. Occupational Safety and Health Act (OSHA). With the threat of coronavirus looming, South Florida employers can take proactive steps to prevent an outbreak of Covid-19 in the workplace while at the same time having a strategic response plan ready in the event an outbreak does occur.

South Florida employers should brace for the potential impact of Covid-19. Already, the outbreak has impacted South Florida businesses that rely on products imported from Chinese factories. The South Florida tourism and real estate markets will likely feel the effects as well as the international travel plans of Chinese visitors are canceled.

The CDC recently released guidance specifically for employers, outlining recommendations and best practices in the workplace.

First, employers should limit any nonessential travel by employees to regions affected by the virus. The CDC recommends that employers “actively encourage” sick employees, or employees that have traveled to an affected region, to stay home.

Employers should maintain flexible sick leave policies that allow employees to stay home if they are sick or to care for a sick family member. Employers should also direct employees to check the CDC’s website prior to traveling to review travel health notices for each country. If an employee is confirmed to have Covid-19, employers should inform fellow employees of their possible exposure to the virus in the workplace but maintain confidentiality as required by the Americans with Disabilities Act.

Second, employers should remind employees of best practices to avoid the spread of disease, such as washing hands, avoiding touching eyes, nose, and mouth with unclean hands, and covering a cough or sneeze with a tissue or sleeve. Employers should routinely disinfect frequently touched surfaces in the workplace, such as doorknobs, countertops, and workstations.

The CDC recommends that employers place posters on hygiene etiquette around the workplace.

Third, according to the CDC, employers should create an “infectious disease outbreak response plan” if they have not done so already.

Employers should identify possible work-related exposure and health risks to employees, review human resources policies to ensure they are consistent with public health recommendations and state and federal workplace laws, identify essential personnel and critical supply chain components and prepare for increased absences or interruptions in supply chains, explore flexible work options such as flexible hours and telecommuting, and establish a process to communicate information and updates to employees and business partners regarding the response plan and the latest information on Covid-19.

The CDC has also published guidance on managing the risk of potential exposures. However, employers should be careful to avoid practices that could be perceived as discrimination, such as making determinations of risk based on an employee’s race or country of origin. If necessary, employers should have management level employees review anti-discrimination policies.

Employers should continue to monitor information and guidance from the CDC, WHO, OSHA and other federal, state, and local agencies. Employment counsel can assist employers in navigating the rapidly changing situation and implementing a strategic response plan.

Andrew M. Gordon is a partner with the U.S. law firm of Hinshaw & Culbertson, with offices in Miami and Fort Lauderdale. He focuses his litigation practice in the representation of management-side labor and employment matters and may be reached at: agordon@hinshawlaw.com. M. Megan Coughlin is also with Hinshaw. She counsels employers on a wide range of labor and employment matters and may be reached at: mcoughlin@hinshawlaw.com

▪ This is an opinion piece written for Business Monday’s “My View” space in the Miami Herald. The views expressed do not necessarily reflect those of the newspaper.

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