COVID-19 and the Workplace: How to Bring Employees Back

Back to Business Series

Being an employer has always been complex. Navigating the legal nuances. Optimizing your workforce. Holding employees accountable. Building your business, your brand, and driving employee engagement. And then, COVID-19.

COVID-19 has changed our world forever. While the workplace is only one of the aspects that have been impacted, the impact has been, is, and will continue to be significant. This series is dedicated to the go-forward plans and tools we need as employers, business owners, leaders, human resource professionals, and employees to navigate the new world of work. Who’s Your HR? is proud to present the Back to Business Series.

COVID-19 and the Workplace: How to Bring Employees Back

As cities and states reopen, businesses that had furloughs or asked employees to work remotely due to coronavirus are now finding themselves coordinating how to safely bring employees back to the workplace. Employers of all sizes have a lot of decisions and policies to implement, and it may seem like a daunting task. Where do you begin, without feeling overwhelmed and overlooking anything important?

It’s essential to do this right due to coronavirus. The good news is, there are clear steps businesses can take right now to make it safer, smoother, and more efficient to bring employees into the workplace once again. Here’s what you need to consider.

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Remember, all the information in this blog post is published in good faith and for general information purpose only.  I am not an attorney, nor do I provide legal advice. The information provided is my personal opinion and not that of any organization, business, company, agency or other individuals.  The author is not liable for any losses or damages related to actions or failure to act related to the content of this article. If you need specific legal advice, consult with an attorney who specializes in your subject matter.  Any action you take upon the information you find on this website (www.hrraw.com), is strictly at your own risk.

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Penny Horton | May 30, 2020

1. Know the latest rules, regulations and restrictions.

Local, state, regional, and national municipalities each have different schedules and timelines that govern a business’s ability to reopen. All have unique criteria and specific rules that businesses must follow. Before you bring employees back, get to know what’s generally expected of employers. (Tip: Your state commerce department website is likely a good resource! For example, the Oklahoma Commerce website’s COVID-19 resource page is a handy place to find the latest information.)

If your business is governed by industry-related organizations, such as state cosmetology boards, you may have additional rules to follow as well. Don’t forget to check any regulations put out by licensing agencies or boards in your industry for guidance.

2. Conduct a workplace assessment to address health and safety concerns.

As you bring employees back into the office, one thing you can be sure of is that the workplace will look a lot different than it used to. Thinking through these details and settling on changes now will make it easier for employees to carry out the new policies with ease. 

Here are some suggested actions to take:

• Establish social distancing measures for spaces where people normally congregate, such as work areas, breakrooms, lobbies, restrooms, conference rooms, training rooms, and food service areas.
• Get rid of shared surfaces by modifying work processes, using single-use items, establishing a timed cleaning schedule, and installing hands-free solutions such as foot-operated door openers and no-hands soap dispensers.
• Make new shipping and receiving protocols. Set up disinfecting or quarantine practices and staging areas.
• Install sneeze guards, plexiglass dividers, and other features to protect those who come into close contact with others, such as receptionists.
• Shift to virtual meetings or phone calls instead of in-person meetings whenever possible.
• Restrict visitors and guests to lessen the number of people on premises.
• Postpone large gatherings such as company picnics, group lunches, and conferences. Shift to smaller group settings with social distancing.
• Enhance cleaning protocols. Provide cleaning supplies and require employees to clean work areas before they begin and end work shifts.
• Post signs that spell out expectations and offer reminders to wash hands, not touch your face, don’t come to work sick, and knowing how to recognize symptoms, etc.
• Limit personal items employees can keep at work.
• Identify the PPE requirements necessary for your operations.

3. Know how employment laws interplay with handling COVID-19 challenges.

The legislation you complied with in the past hasn’t gone away, but new rules and protocols may now apply to address coronavirus concerns. Some areas to keep in mind include:

• NLRA — allows all employees to talk with other co-workers about wages, benefits, and working conditions
• ADA — applies to employers with 15 or more employees
• OSHA — has a general duty clause to protect workers from known hazards
• FFCRA — outlines employee rights related to COVID-19
• FLSA — changing job tasks or duties of employees may affect exempt/non-exempt classification status
• FMLA — applies if you have 50 employees or more

*Don’t recognize one or more of these abbreviations? Contact Who’s Your HR? today for clarification on how it impacts your business!

4. Create a phased-in return to work approach.

Transitioning employees back to work in phases means more than setting a timeline. To avoid claims of favoritism or discrimination:

• Establish an objective way to determine which positions/functions (not individual employees) will return at each phase. 
• Identify the essential functions and minimum number of employees needed in conjunction with your newly modified processes or workspaces. 
• Structure returns according to function rather than individual.
• Document your decision-making process.

To ensure safety and health, take these steps:

• Consider staggering shifts, reducing work schedules or rotating shifts in and out of the office.
• Allow telework where possible. 
• Make PPE available, and communicate clear expectations and requirements for using it. 
• Incorporate cleaning practices, both before reopening as well as throughout the workday and make it an expectation of the employee’s position.
• Implement prescreening protocols and questionnaires before allowing individuals to work, such as checking temperatures, asking health and travel related questions, etc.

5. Develop processes for resolving coronavirus issues that may arise.

Anticipate COVID-related situations and develop an approach to address them in advance, rather than risking ill-planned, in-the-moment decisions. Consider questions like this:

• What if someone is diagnosed with COVID in the workplace? How will you help them? Will you isolate them? How will you notify others? Will you do contact tracing? How will their employment be handled?
• What if someone is exposed to someone who has COVID outside of work?
• What if someone doesn’t feel comfortable returning when you reopen?
• What if someone doesn’t follow the safety protocols?
• What if someone wants to continue teleworking after you request they return to the workplace?
• What if someone has a temperature or other signs of illness when you check them?
• What if someone has a medical emergency in the workplace? Are your first responders trained on how to stay safe?

6. Make sure your policies are up-to-date and reflect your company culture and existing practices.

The changes you are making to address coronavirus concerns need to be documented. Remember, all policies that are new or changed should be clearly explained to employees to prevent confusion.

• Establish formal policies to reflect workplace modifications you expect to continue indefinitely, such as ongoing use of PPE, new forms of communication, etc.
• Update existing policies to reflect any changes to old rules, such as spelling out how telework will be conducted going forward, or modifying benefits plans.
• If temporary COVID measures will be done away with, explain how and when. 
• All policy changes should be formally documented and distributed to employees.

7. Develop a communication plan.

The impact of COVID-19 on how you do business should be clearly shared with anyone who needs to know. This includes management, staff, vendors, customers and clients. Set up a plan now to address how you will share important information going forward.

• Internal communication should include:
  • Updates on COVID-19 measures
  • Reminders about safety, PPE, personal hygiene, etc. 
  • Notifications and contact tracing
  • Business updates
  • Changes to shifts, schedules, and jobs
  • Phased approach details

• External communication should include:
  • Changes to business hours
  • New protocols for doing business with you
  • Safety measures you’re taking
  • Appropriate marketing
  • Customer communications

Get Actionable HR Advice and Assistance

Putting these seven (7) steps into play in your organization can be time-consuming and place a serious administrative demand on your HR department or your internal COVID-19 response team. But it’s essential to bring your employees back to the workplace safely as you navigate the complicated HR landscape due to coronavirus. And doing it all in a way that focuses on the “human” element of human resources will help you hire and retain great employees long-term.

Sound like too much to go alone? Who’s Your HR? is here to assist you throughout this unique time, and we can handle any details you need—from providing education on HR rules and regulations in light of COVID to creating internal tools and new written policies to give both management and staff clear guidance on what is expected of them, or even heading up your COVID-19 response team. We’ll help alleviate the stress of HR administration so you can focus on ramping up your business.

Contact us today to learn more and get started.