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Planning and Risk Assessment for Returning to Work From COVID-19 Closures

As businesses reopen and begin having their employees return to work, navigating the impacts of COVID-19 will undoubtedly be a challenge. Not only does keeping employees and customers safe take on new meaning, but sorting through rapidly changing guidelines can be overwhelming at best.

Adding to the complexity of returning to work after coronavirus-related closures, the Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC) and various jurisdictional health departments are all providing guidance. To best keep employees safe and make sure businesses are heading down the right path of compliance in this new era, employers should focus on planning and structure reopening into four phases: 1. identify organizational responsibilities, 2. assess risk, 3. identify the controls needed to return safely, and 4. implement.

1. Identify Organizational Responsibilities

OSHA’s Infection Disease Preparedness and Response Plan (IDPRP) has presented a helpful approach for a range of organizations across the country. The plan helps emphasize and communicate basic infection prevention measures and establishes policies and practices to reduce the risk of disease transmission in the workplace. It also helps employers develop procedures for prompt identification and isolation of potentially infectious individuals, along with implementing safe work practices and workplace controls, such as engineering and administrative controls.

To start, identify the people within the organization who will lead the return-to-work effort. This team will provide daily updates on plan implementation, review company sick leave policies and procure and distribute Personal Protective Equipment (PPE).

During this phase, review your organization’s policies and procedures to ensure they are not creating obstacles for social distancing or staying at home when sick. Sick leave, quarantine policies and pay continuation should all be modified as necessary.

2. Assess Employee Risk Exposure to COVID-19

With a team in place, it’s time to dig deep into individual roles within the organization to understand the risks associated with various work sites and job tasks. The IDPRP helps organizations identify and quantify risks associated with infectious disease and helps to evaluate an employee’s exposure to COVID-19.

When evaluating the individual roles, identify the position, task and potential exposure based on criteria laid out in four exposure levels:

  • Low risk: Jobs that do not require contact with people known to be or suspected of being infected with COVID 19. Workers in this category have minimal occupational contact with the public and other coworkers. Office workers and telecommuters are examples of low-risk roles.
  • Medium risk: Jobs that require frequent or close contact with people who may be infected, but who are not known to have or suspected of having COVID-19. Higher-volume retail workers, restaurant servers and teachers are examples of medium-risk roles.
  • High risk: Jobs with a high potential for exposure to people known or suspected to be infected with COVID-19. Healthcare support personnel, janitorial personnel in healthcare and medical transport personnel are examples of high-risk roles.
  • Very high risk: Jobs with a very high potential for exposure to people or samples with known or suspected COVID-19 infection during specific medical, postmortem or laboratory procedures. Laboratory workers testing for COVID-19, pulmonary therapists and morticians performing autopsies are examples of very high-risk roles.
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3. Identify the Controls Needed to Return Safely

After completing a risk assessment for each role, identify specific PPE and administrative and engineering controls to reduce employee exposures. Clerical work, for example, is considered low risk and controls include social distancing and awareness training. A task such as stocking shelves where an employee has moderate exposure to others is considered a medium risk and nitrile gloves, cotton masks and other PPE are recommended. For tasks with high or very high exposure such as healthcare delivery staff, controls include nitrile gloves, facemasks, N-95 or better respirator, protective gown, booties, and head cover.

4. Put the Plan in Action

There are many organizational actions that can be implemented to further prepare to support and enforce the mitigation controls in place. Engineering controls to consider include installing high-efficiency air filters in HVAC systems, increasing a facilities dilution ventilation rate or installing physical barriers to control exposure. Post signs detailing cleaning and disinfecting procedures and social distancing requirements.

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Activate temperature stations and enforce an elevator policy.

For a successful return to work, it is essential to communicate and train employees regarding protections in the workplace. A communication plan should be identified during the organizational return-to-work planning phase, along with employee, supervisor and manager training. The workforce must be well-versed in recognizing symptoms, and everyone should know how to report possible exposure and what mitigation controls specific roles should be using. Your workers compensation carrier should be able to walk you through this process and help get you back to work. Tools and resources are also available on the OSHA and CDC websites.

Organizations that had clear pandemic response plans in place ahead of COVID-19 have had better access to PPE, quicker response times to daily changes in recommended controls, and more consistent ability to address employee concerns. If an employer does not currently have a response plan in place, however, it is never too late to get started. Preparing to return to work is a perfect time to establish the framework to make sure a business is not only ready to work during COVID-19, but also ready for unforeseen disasters in the future.

Driver Safety Tips for Fourth of July Trips and Post-COVID Return to Work Commutes

Historically, the Fourth of July holiday weekend has presented some of the most dangerous days for drivers in the United States. Indeed, it may be the country’s riskiest holiday of the year. This year, while many may be cancelling their holiday plans and staying home, others may be taking to the roads after months of little travel amid COVID-19 lockdowns.

Looking beyond the long weekend, many drivers are also getting back on the roads as businesses across the country return to work after COVID-19 closures and quarantines, either resuming their old commutes or driving for work.

“Stay-at-home orders resulted in less vehicle traffic but, incidentally, speeding and reckless driving increased dramatically as drivers took advantage of the empty streets,” said Kevin Quinn, vice president of claims and customer experience at Mercury Insurance. “This dangerous behavior puts lives at risk and can result in unnecessary collisions and fatalities. It’s especially dangerous as cities, counties and states reopen and more drivers begin returning to the roads. Drivers need to check themselves and be aware and respectful of the increasing number of vehicles surrounding them.”

He added, “Many drivers are also out of practice—aside from maybe some trips to the grocery store, their longer commute driving skills may be a bit rusty. It’s important to review the rules of the road before setting out on your trip to ensure your safety and that of others.”

As you and your employees get back behind the wheel, Quinn offered these 10 tips to help everyone stay safe over the long weekend and during the return-to-work period for businesses nationwide:

  1. Get reacquainted with your vehicle and driver settings. If your vehicle stayed in park for the majority of stay-at-home orders, it may require some maintenance. Check the oil level and tire pressure to ensure they haven’t decreased before driving. Make sure your seat and mirrors are still positioned optimally for an unobstructed view of the road ahead and remove as many blind spots as possible.
  2. Have a collision avoidance plan. Plan ahead for potential driving emergencies—such as a dog running into the street, another vehicle running a stop sign or a sudden obstruction on the highway—and create a strategy for how to react. Having a collision avoidance plan helps to make you a safer driver and protects motorists around you.
  3. Plan travel time accordingly. If you need to be at the office or an appointment by a specific time, be sure to allow yourself enough time to arrive at your destination without rushing. Account for potential delays like traffic congestion and don’t wait until the last minute to leave your home. Speeding and weaving in and out of traffic lanes to get where you need to be is dangerous and inconsiderate of other drivers.
  4. Remove distractions. According to the National Highway Traffic Safety Administration, most crashes are the result of distracted drivers. Distractions such as using or manipulating your phone, noisy or overly active passengers, eating and multi-tasking will all result in unsafe driving conditions. Reduce or remove these types of distractions while on the road so you can focus on keeping yourself and your passengers safe while driving.
  5. Be aware of other drivers. Driving safety isn’t just about your behavior, but also depends on those around you. Don’t assume they’re being attentive—they may be distracted and not see the stop sign or traffic light ahead of them. Use caution when entering intersections, changing lanes, turning and entering and exiting parking spots.
  6. Remain cognizant of speed. Speed limits are set for a reason, so don’t break them. Driving under the speed limit can be dangerous for others on the road. If your car won’t accelerate to the posted limit, turn on your flashers and safely make your way to the side of the road for service.
  7. Maintain proper following distance. Rear-ending makes up a substantial portion of total injuries sustained in collisions. Following too closely behind a car hinders your ability to come to a full stop on time and it also limits your sight-lines. The rule of thumb is putting at least three seconds of space in between your vehicle and the car in front of you. Use a fixed object—such as a pole or overpass—and count the seconds between when the car in front of you passes it and when you pass it to determine the appropriate following distance.
  8. Stay actively engaged in the task of driving. Most modern vehicles are equipped with advanced driver assistance systems—like lane departure warning and active emergency braking technology—to help drivers avoid collisions, but this technology isn’t a substitute for proper and safe driving practices. Keep your eyes focused on the road ahead, and check mirrors, over your shoulder and use your signal when turning or changing lanes.
  9. Remember to yield to pedestrians. Walkers and joggers may have grown accustomed to fewer cars on the streets, thus, may forget to look both ways before crossing.

    They also might not be paying the utmost attention to their surroundings, particularly if they’re looking at their phones, but pedestrians do have the right of way, even if jaywalking.
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    Use caution when driving on roads with high foot traffic.
  10. Obey posted traffic signs. Many cities have been repairing roads during the stay-at-home period, when fewer people were driving. Keep an eye out for any temporary traffic signs surrounding transit construction.

OSHA Revises Stance on COVID-19 Record-Keeping and Enforcement

The Occupational Safety and Health Administration (OSHA) recently issued two enforcement memos regarding COVID-19. The first of these memos revised OSHA’s requirements for employers as they determine whether individual cases of COVID-19 are work-related. The second revised OSHA’s policy for handling COVID-19-related complaints, referrals, and severe illness reports. The changes in these revisions include:

Record-Keeping and Reporting

OSHA’s position for months has been that cases of COVID-19 are subject to record-keeping and reporting requirements if they are work-related. On May 26, 2020, OSHA’s new memorandum superseded the previous April 10, 2020 memorandum on the subject of work-relatedness.

The April 10 memorandum essentially provided most employers latitude to assume that cases of COVID-19 were not work-related, absent evidence to the contrary. The May 19 memorandum revises OSHA’s position, requiring employers to investigate COVID-19 cases more heavily before concluding whether they are work-related.

The primary thrust of the agency’s revised position is that OSHA enforcement officers should consider three primary factors when evaluating whether an employer’s determination of work-relatedness was reasonable:

  • The reasonableness of the employer’s investigation into work-relatedness;
  • The evidence available to the employer; and
  • The evidence that a COVID-19 illness was contracted at work.

Regarding the first, OSHA stated that it is sufficient in most circumstances for an employer, when it learns of an employee’s COVID-19 illness, to (1) ask the employee how he or she believes they contracted COVID-19; (2) while respecting employee privacy, discuss with the employee his or her work and out-of-work activities that may have led to the COVID-19 illness, and (3) review the employee’s work environment for potential COVID-19 exposure.

Employee privacy rights are a potential trap for unwary employers when inquiring about exposure outside of the workplace. Such discussions could implicate a variety of employment laws, including state-specific laws.

Regarding the second factor, OSHA directed employers to consider the evidence “reasonably available” at the time they makes their work-relatedness determination. If employers later learn more information related to an employee’s COVID-19 illness, then employers shall also consider that information.

OSHA elaborated on the third factor by listing certain types of evidence that weigh in favor of or against work-relatedness. For example, OSHA stated that COVID-19 illnesses are likely work-related when several cases develop among employees who work closely together and there is no alternative explanation. OSHA also stated that an employee’s COVID-19 illness is likely work-related if it was contracted shortly after lengthy, close exposure to a particular customer or coworker who has a confirmed case of COVID-19 and there is no alternative explanation.

OSHA justified its revised position on work-relatedness by stating that the nature of COVID-19 and the ubiquity of community spread frequently make it difficult to accurately determine whether a COVID-19 illness is work-related, especially when employees have experienced potential exposure both in and out of the workplace. OSHA might also have been motivated by some organizations calling for it to take a more aggressive response to COVID-19.

Complaints, Referrals and Illness Reports

The second memo, also issued on May 19, 2020, was related to complaints, referrals, and severe illness reports. Specifically, in geographic areas where community spread of COVID-19 has significantly decreased, OSHA will return to its normal pre-COVID-19 methods for prioritizing reported events for inspections. 

OSHA will continue to prioritize cases of COVID-19 to some degree, but will increasingly conduct these efforts by phone or other remote methods. In geographic areas experiencing either sustained elevated community transmission or a resurgence in community transmission, OSHA will continue to heavily prioritize COVID-19, including conducting on-site inspections, especially in high-risk workplaces.

Action Items and Final Takeaways

OSHA’s enforcement approaches regarding the COVID-19 pandemic continue to evolve. The agency will likely continue to closely monitor employers’ compliance with COVID-19-related requirements even after states and localities lift stay-at-home orders.

Professionals with questions on how OSHA’s recent enforcement policies affect a business or organization should consider consulting with legal counsel. Also, OSHA distributes by email an informative twice-monthly newsletter called “QuickTakes,” open for subscription. OSHA’s regulations on injury and illness recordkeeping and reporting, found at 29 C.F.R. Part 1904, also include helpful questions and answers about these topics.

Finally, employers should bear in mind that the negative consequences of choosing not to comply with OSHA’s record-keeping and reporting requirements often outweigh the potential negative consequences of bringing injuries and illnesses to OSHA’s attention.

Black Lives Matter: Taking Action on Diversity and Inclusion

As protesters across the United States call out systemic racism and police violence against Black people, and Pride Month honoring the LGBTQ+ community begins, diversity and inclusion issues are—and should be—drawing headlines and dominating conversations around the world.

RIMS CEO Mary Roth and 2020 President Laura Langone released a statement Friday saying:

“To the Black members of our community, we cannot fully appreciate how pained you must be by not only this most recent act—but by all acts that reflect bigotry and hatred in our nations’ communities. What we can do is accept the responsibility to ensure that RIMS community reflects something different. Let us be clear: RIMS does not tolerate any form of racism or discrimination in our global community. And we will always look for ways to improve.”

The editors of Risk Management and the Risk Management Monitor echo this message and stand with our Black colleagues, RIMS members and the Black community at large.

As we all look to support, advocate, learn and do better, we have compiled a list of resources to help, including industry advocacy groups for Black risk and insurance professionals, as well as resources for strengthening your organization’s policies, procedures and diversity and inclusion programs. You can also review selections from our previous coverage of diversity and inclusion below:

Industry Advocacy Groups and Research

National African American Insurance Association (NAAIA)

International Association of Black Actuaries

REPORT: The Journey of African American Insurance Professionals, from Marsh and NAAIA

For public sector risk professionals:

The Government Alliance on Race and Equity (GARE)

National Forum for Black Public Administrators

From ICMA, the association for professional city and county managers: WEBINAR: Sharpening the Focus on Social Equity to Make Strategic Budget Decisions

ARTICLE: Silence Is Complicity: Can White America Demonstrate that Black Lives Matter?

Diversity and Inclusion Resources

Global Diversity and Inclusion Benchmarks, Standards for Organizations Around the World, from the Centre for Global Inclusion

The Diversity & Inclusion Revolution, Eight Powerful Truths, from Deloitte

Corporate Equality Index, from the Human Rights Campaign

Previous Risk Management Coverage on Bias, Diversity and Inclusion

Beyond Pride: Building Strong Diversity and Inclusion Programs

Pale, Stale & Male: Does Board Diversity Matter?

The Benefits of Diversity & Inclusion Initiatives

Getting Serious About ESG Risks

Why Cultivating and Maintaining a Diverse Workforce Is Important

Activists Against Insurers