Anyone that is working right now is aware of the coronavirus. It is all over the news and is impossible to avoid. Every day the death toll is updated, and more infections are found. Moreover, the news reports are saying that the US may face 18 months of rolling shutdowns. The reality is, businesses will be dealing with COVID-19 (the Coronavirus) for the foreseeable future.
Last week I gave some tips on managing remote employees in light of the COVID-19 crisis. This week I thought I would talk about managing and working with the employees that are on the front lines: the essential workers.
What is an Essential Worker?
Most states are following the guidelines from the Cybersecurity and Infrastructure Security Agency (CISA) regarding what is and what is not an essential business. Some states have issued additional requirements on what is an essential business. Texas is following the “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response” from the CISA also.
The CISA has several categories of essential workers by industry including 1) healthcare, 2) law enforcement, public safety, and other first responders, 3) food and agriculture, 4 energy, 5) water and wastewater, 6) transportation and logistics, 7) public works and infrastructure support services, 8) communications and information technology, 9) other community or government-based operations and essential functions, 10) critical manufacturing, 11) financial services, 12) chemical, 13) defense industrial base, 14) commercial facilities, 15) residential/shelter facilities and services, and 16) hygiene products and services. You can read more about whether a business essential here.
Basically, essential workers are the ones that are striving to keep the country running by curing people that are sick, providing food, manufacturing needed goods, and making sure that everything is continuing to operate in this crisis. They are still coming to work every day. They are the nurses working in the emergency rooms putting themselves at risk with people that may be affected with COVID-19, the grocery workers that are stocking the shelves and serving customers, the nursing home staff that are caring for patients, and the food processing workers that are continuing to make products. They are the millions of people that are fighting day in and day out to do their best to keep people safe, fed, and cared for.
What Are They Feeling?
Employees are stressed. Businesses are worried. For employees that are “essential employees” many are extremely concerned about getting sick. Some of them are getting their wills done in case they die from the coronavirus. They are facing their own mortality in this crisis. Many are worried about taking care of their kids. A few are not going home because they are afraid of spreading the disease. Some essential employees are worried about paying their bills.
How Can Companies Help Essential Workers?
Safety Comes First
Employers must take action to keep employees safe and show employees that their safety is important while the world is facing this crisis. Some companies have already started to be sued by employees that have gotten COVID-19 at work and more lawsuits are sure to follow. There is a lot that employers can do to help prevent employees from getting sick and keep them safe.
- Post the OSHA poster on COVID-19 in your workplace and follow the recommendations within (it is available here). You should also post information about washing hands around the facility.
- Make efforts to obtain masks and other protective equipment. If you are able to obtain masks, then you should require employees to wear them. If you cannot obtain sufficient masks, then you should suggest employees wear masks or other cloth coverings that they bring from home if they are available.
- Contact your worker’s compensation insurance provider to ensure that they are prepared to address any COVID-19 related claims in the workplace.
- Follow all CDC recommendations to the extent possible at your operation
- You should also follow guidance from OSHA regarding protecting employees.
- Transition employees to remote work if possible.
- Clean and disinfect all surfaces that are touched by employees frequently (doorknobs, light switches, microwaves, coffee makers, keypads, and other flat surfaces).
- Space out employees in areas like hallways and lunchrooms.
Employees need to actually see that you are doing these things to understand how their employer is engaging in crisis management. Now is the time to emphasize your open-door policy. Employers should hold meetings with small numbers of employees, provide memos, and post fliers to explain all of the steps that they are taking to care for their employees. Managers and supervisors should call employees that are working remotely and essential employees that are present to ask how they are doing. Managers should ask employees if there is anything the employees need to do their jobs. Companies must empower employees to bring problems to your attention. Any employee complaints should be taken very seriously, and immediate action should be taken, if possible, to remedy the problem. Employers should then follow-up with employees about the steps that were taken to correct the problem.
If Employees Walkout
Employees have a right to walk out because they are concerned about COVID-19 and their safety in the workplace. This action is a type of concerted action that is protected under Section 7 of the NLRA. Employees refusing to work because they believe that they are in danger are also protected under Section 13(a) of the OSH Act.
Employees should not be disciplined, terminated or threatened if they walk out. Employers should try to address any issues that the employees raise about their safety and take additional steps to ensure employees that they are doing their best to keep employees safe after a walkout occurs. The best thing that employers can do to prevent a walkout and address any fallout from one is to constantly communicate the steps that they are taking to keep employees safe and make adjustments as employees raise issues and as new guidance on keeping a safe workplace is released. Companies should follow all guidelines from the CDC and OSHA to ensure that they are doing all that they can do to keep employees safe.
Conclusion
Crisis management is different than the day-to-day operations of a company. This is the time when companies can either succeed or fail, when your employees will either believe that you care about them or not. A good company will act because they care about employees. Employees recognize when an employer actually cares about them and this causes their morale to increase.
Employers have a great chance to build morale and better their company. Every business is unique, so every company needs to conduct its own assessment of its workplace and workforce to determine the best approach to take. The worst thing that companies can do is to keep working as if nothing has changed. We are in a crisis. COVID-19 (the coronavirus) has dramatically changed the workplace. All companies need to recognize that and take action.
The information provided in this blog is for educational purposes only and is not legal advice. If you need legal advice, then you should speak with a lawyer about your specific issues. Every legal issue is unique. A lawyer can help you with your situation. Reading the blog, contacting me through the site, emailing me or commenting on a post does not create an attorney-client relationship between any reader and me.
The information provided is my own and does not reflect the opinion of my firm or anyone else.