While some employers are subjected to the higher Aerosol Transmissible Diseases (ATD) Standard (California Code of Regulations, title 8, section 5199) in order to protect employees from airborne infectious diseases such as COVID-19, most employers are not. If you are not in healthcare, funeral, or drug-related industries, you will not be subjected to the ATD Occupational Safety and Health Administration (OSHA) standard. You can find the list of workplaces subject to the ATD standard here.
Please note that even if your business is not subject to the high standards of ATD, it is still required to follow the latest COVID-19 OSHA guidance for workplace safety. We all know we should wash our hands (yes, with soap), but this post will highlight some of the other key points small business owners and employers must follow in order to safely reopen during the pandemic.
Every workplace should have “washing facilities”, or a place for workers to wash their hands. This could be a sink, or anywhere with water, soap (“washing agent”), and towels for drying.
See Title 8 sections 1527, 3366, 3457 and 8397.4
Perhaps your workplace already has cough and sneeze policies and a robust cleaning schedule, but in times of a pandemic, you should set higher standards for your workplace cleanliness. You can do so by:
Employers should establish sick leave policies for all employees for their safety. This does not just include allowing for sick leave, paying for sick leave, or establishing how an employee qualifies for sick leave, but also includes the reasons why an employee should not come to work. Here’s a list of what every employer should do during the coronavirus pandemic:
If one of your employees is tested positive for COVID-19, be sure to keep the information private per the Americans with Disabilities Act (ADA).
California employers are required to create and set up a program to protect employees from injury and illness, which includes infectious diseases such as COVID-19. As an employer, you must follow the following steps:
See Title 8 section 3203
By now, we are all familiar with the term: “social distancing” where we are encouraged to stay several feet away from any other person at all times. As an employer, this could mean several things for you:
As an employer, you should train your employees so that they are aware of how to protect themselves from COVID-19 both in the workplace and outside of it. By teaching your employees how to protect themselves, you will ultimately protect all of your workforce, you, and your customers.
Be sure all your employees are aware of the following:
For additional guidance on how to provide a safe workplace for your employees during this COVID-19 pandemic, please visit the California website. Your specific industry might require additional steps not listed in this article. The website is also a good resource for downloadable documents to print and post for your employees’ education.
If you have questions regarding employer liability, or even a wishlist of topics we could cover, please comment below or send us a message.
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