Preparing the Workplace - What You Need To Know May 6, 2020 Presented by: Burnham ...
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What You Need To Know Preparing the Workplace May 6, 2020 Presented by: STEVEN JORDAN | President, Traiden Global Solutions TINA KOENIG | Vice President, Burnham CHRIS KRUSIEWICZ | Vice President, Burnham AARON OLSEN | Attorney At Law, Fisher & Phillips
INTRODUCTION
Welcome to the Webinar
A copy of the presentation slides will be sent out to all attendees tomorrow
morning and posted on BurnhamBenefits.com/COVID-19
AUDIO Audience members will be muted for the presentation.
QUESTIONS? Please email your Burnham Consultant and team with any specific
questions or you can reach our Burnham COVID-19 Response Team at
COVID19response@burnhambenefits.com
INTRODUCTION About Burnham Employee Benefits Retirement Planning Property & Casualty
INTRODUCTION Presenter Introductions CHRIS KRUSIEWICZ TINA KOENIG SARA OWENS STEVEN JORDAN AARON OLSEN Vice President Vice President COO President Attorney At Law Burnham Benefits Burnham Benefits Burnham Risk Traiden Global Solutions Fisher & Phillips
Webinar Agenda
SECTION I
01 Carrier & Legislative Updates
SECTION II
02 Traiden Global Solutions:
Recovery Planning
SECTION III
03 Fisher & Phillips Law:
Preparing the Workforce
01 SECTION I
Carrier Updates
CARRIER & LEGISLATIVE UPDATES
Carrier Rules and Coverage
What are we seeing this week?
• Rate Deferrals continue with some Life and Disability Carriers
• Varies by size
• VSP
• Groups with under 1,000 on direct contract
• Renewing between August 1, 2020 and March 1, 2021
• Automatic 24-month extension
CARRIER & LEGISLATIVE UPDATES
Carrier positions on new rules – updated 5/6
Aetna Anthem Blue Shield of C A C igna HealthNet Kaiser UHC
Home (FDA Approved) a a a X a X a
Pop-Up Test Sites
(Drive Thru) a a a a a X a
Anti-Body (Serology) a a a a a X a
All visits All visits All visits C OVID Only All visits Always $0 All visits
4-J un 14-J un 31-May 31-May During crisis 18-J un
Telehealth Waiver
a a a a a a a
Inpatient Yes Yes Yes Yes Yes Yes
Treatment Waiver 1-J un 31-May 31-May 31-May 31-May April 1-May 31 31-May
a a a a a a a
31-J ul 31-J ul 30-J un 31-Aug 31-May No end (yet) 31-May
Actively at work rules
waived (furlough) a a a a a a a
Offering EAP, AskBertha
Offering Savings card to Offering helpline and
Offering Resources For Living and for members and Buoy App for
Other 22k grocery stores for Sanvello MH app for
Free RX delivery SydneyC are, Psych Hub Members
Trio & Tandem members all until 7/1
for all
CARRIER & LEGISLATIVE UPDATES
HIPAA Special Enrollment and
COBRA timeline extensions
DOL and IRS Issues collective response
The “Outbreak Period” is March 1, 2020 and extends until 60 days
after the end of the National Emergency.
HIPAA Special Enrollment Events (Qualifying Events)
• Employees have until 30 days (60 for CHIP) AFTER the end of the Outbreak
Period to notify an employer of a Qualifying Event that occurred during the
Outbreak Period.
• Still Prospective election (except for birth of a child)
CARRIER & LEGISLATIVE UPDATES
Special Enrollment Example
• Employee is married on May 10th
• End of National Emergency is June 15
• End of Outbreak Period is August 13 (60 days after end of National
Emergency)
• Employee has until September 13 (30 days after end of Outbreak Period)
to notify employer of May 10 marriage and elect coverage for new spouse
• Benefits would become effective October 1CARRIER & LEGISLATIVE UPDATES
HIPAA Special Enrollment and
COBRA timeline extensions
COBRA
• If election notice is provided during Outbreak Period, terminated
employee will have 60 days AFTER the end of the Outbreak Period to
notify employer of COBRA election
• Terminated employee will still have another 45 days to make payment
• Coverage IS retroactive to date of termination
• Plan sponsors can also “disregard” the Outbreak Period time, meaning
they also get an extension for notificationsCARRIER & LEGISLATIVE UPDATES
COBRA Examples
Example 1
• Employee is terminated in April and becomes Qualified Beneficiary for
COBRA
• End of Outbreak Period is August 14
• QB has until October 14 (60 days after end of Outbreak Period) to
elect COBRA and until November 28 to make payment retro back to
April 1st
Example 2
• QB is already on COBRA paid until May 1st and then stops paying. QB
can still make payment in November for coverage back to May 1st and
not miss any coverage timeSECTION II
02
Traiden Global Solutions:
Recovery PlanningConfidential Presented By Traiden Global Solutions
RECOVERY:
MOVING INTO
THE NEXT PHASE
OF COVID-19Begin Phase I
CONFUSION TO CHAOS
WHAT HAPPENS IF EVERYONE
RETURNS TO WORK MONDAY
MORNING AT 8:00AM?
· Is the building ready?
· Is the equipment running?
· Are workspaces separated?
· Are job assignments defined?
· Are supervisors onsite and trained?
· Are new Policies and Procedures in place?
· Has anyone been exposed or currently infected?
· Who’s responsible to ensure we don’t start over?
© Copyright 2020 Traiden Global SolutionsCOVID-19 Guidelines
Federal Agencies
• Homeland Security
• HHS (Health and Human Services)
• NIOSH (National Institute of Safety and Health)
Opening Up America Again
• CDC (Center for Disease Control)
• CISA (The Cybersecurity and Infrastructure Security Agency)
• NIH (National Institutes of Health)
• USDA (U.S. Department of Agriculture)
• DOT (US Department of Transportation)
• FEMA (Federal Emergency Management Agency)
• FDA (Food and Drug Administration)
• OSHA (Occupational Safety and Health Administration)
• HUD (Housing and Urban development)
• (and many more, including Tribal Agencies)
State Agencies
• OSHA (State OSHA Agencies)
• EDD (Employment Development Department)
• Workers Compensation (State Guidelines)
• SGO (State Governors’ Office)
• State Department of Labor
• State Economic Development Agencies
• Various County, Mayoral and Local government AgenciesEmployers
Compliance
Guideline for Phase I
• Continue to ENCOURAGE TELEWORK, whenever possible
and feasible with business operations.
• If possible, RETURN TO WORK IN PHASES.
• Close COMMON AREAS where personnel are likely to
congregate and interact or enforce strict social distancing
protocols.
• Minimize NON-ESSENTIAL TRAVEL and adhere to CDC
guidelines regarding isolation following travel.
• Strongly consider SPECIAL ACCOMMODATIONS for
personnel who are members of a VULNERABLE
POPULATION.
© Copyright 2020 Traiden Global SolutionsTraiden Global Solutions
Provide guidance, programs, training and
ongoing consulting in every aspect of
Federal or State OSHA compliance.
Guidelines on Preparing Workplaces for COVID-19
Requirements:
• Infectious Disease Response Plan NOTE: This is NOT a Standard or Regulation.
• Competent Person for Implementation It is a recommended guideline and not enforceable
© Copyright 2020 Traiden Global SolutionsBusiness Operations
The General Duty Clause requires an employer
to ensure a safe and secure workplace
“free from recognized hazards that are
causing or are likely to cause death or
serious physical harm to their employees”.
© Copyright 2020 Traiden Global SolutionsHEALTH DEPARTMENT
Guidelines for COVID-19
• Infectious Disease Control Plan
• Site-Specific Health and Safety Plan
• COVID-19 Safety Compliance Officer (SCO)
• COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS)
• HazMat Response Team for Site Decontamination
• Visitor, Vendor and Subcontractors Program
© Copyright 2020 Traiden Global SolutionsControlling Hazards
Hierarchy of Controls
in the Workplace
Elimination
Substitution Elimination: Physically remove the hazard.
Engineering Controls Substitution: Replace the hazard
Administrative Controls Engineering Controls: Isolate people from the hazard
Administrative Controls: Change the way people work
Personal Protective Equipment
Personal Protective Protection: Protect workers from the hazard
© Copyright 2020 Traiden Global SolutionsControlling Hazards
Hierarchy of Controls
in the Workplace
Elimination
Substitution
Engineering Controls Personal Hygiene
Site Safety – Check in Policies
Administrative Controls
Stay at Home Policies
Personal Protective Equipment
Work From Home
© Copyright 2020 Traiden Global SolutionsControlling Hazards
Hierarchy of Controls
in the Workplace
Elimination
Substitution Caution: Understand the nature of COVID-19 and use
COMMON SENSE (or call us) when determining a response to
a COVID-19 event.
There are none Caution: Using the wrong disinfectant and sanitizing system
can create more harm than the virus.
Caution: Be aware of false information. My Aunt Mildred had
a friend whose sister said…..
Caution: This is the flu (without a vaccine yet) not the
Zombie Apocalypse. Keep it in perspective. This will end.
© Copyright 2020 Traiden Global SolutionsControlling Hazards
Hierarchy of Controls
in the Workplace
Elimination
Substitution
Redesign The Workspace Area
Engineering Controls
Install Physical Barriers
Administrative Controls
Create Drive-up Services
Personal Protective Equipment
Reorganize Common Areas
Storage, Copy Rooms, Supply Stations, File Areas
© Copyright 2020 Traiden Global SolutionsControlling Hazards
Hierarchy of Controls
in the Workplace
Elimination
Substitution Develop Compliance Policies and Procedures
Engineering Controls Work From Home and Staggered Shifts
Administrative Controls Develop Alternate Meeting and Work Environments
Travel Restrictions, Eliminate or Reduce Local Business Travel,
Personal Protective Equipment
Transport of Personnel
Establish an Emergency Communication System
Redesign Workflow
© Copyright 2020 Traiden Global SolutionsControlling Hazards
Hierarchy of Controls
in the Workplace
Elimination
Substitution Develop and Implement Training Program
● COVID-19 Awareness Training
Engineering Controls
● Management and Supervisor Response
Administrative Controls ● Employee Actions at Work and Off Site
● Changes to Business Operations
Personal Protective Equipment
● Workspace
● Workflow
● Policies and Procedures
● Protective Systems
© Copyright 2020 Traiden Global Solutions ● Personal Protective EquipmentControlling Hazards
Hierarchy of Controls
in the Workplace
Elimination
Substitution Respiratory Protection
Engineering Controls Personal Hygiene Stations
Administrative Controls Hand Protection
Face Shields
Personal Protective Equipment
Clothing
© Copyright 2020 Traiden Global SolutionsCompanies with Complete or Partial Shutdowns
14- Days Out
• Determine the needs of each section based on the
Hierarchy of Controls.
• Determine WHO will be introduced back into the
workforce and the order in which they will return.
• Ensure the property is ready to start up for employees.
1. Assemble the management action team
• Workspace and workflow adjustments implemented.
2. Divide the company into manageable sections
• Building utilities, maintenance workers, IT personnel and
3. Assign the sections to the MAT members
infrastructure managers to tour facility.
4. Develop Procedures and Policies (simple)
• Implement a formalized Respiratory Policy.
5. Begin planning and implementation
Companies Conducting Essential Services
• Document via policies and procedures all changes to
business operations.
© Copyright 2020 Traiden Global SolutionsRisk Management Programs
Plan To Stay In Business
Natural Disaster - Earthquake, Fire, Flood, Hurricane, Storm
● Safety Programs
Industrial Accident, Injury and Illness
● Security Programs
Workplace Violence
● Emergency Management
Civil Unrest- Violence in the Region
● Business Continuity
Infectious Disease Control Program
Physical Security - Facility Breech, Theft Sabotage
Loss of Utilities, Services, Communications or City
Infrastructure
Loss of Facility, Equipment, System, Operations
Cyber Security, Data Loss, Phishing, Piracy
Loss of Key Personnel
© Copyright 2020 Traiden Global SolutionsCOMPLIANCE
COVID-19 Recovery Program
We provide a full suite of safety services plus
THE "OPENING UP AMERICA AGAIN" COVID-19 Assistance in the following areas.
GUIDELINES ARE GOING TO BE VERY
• Fulfilling Your Responsibilities under the General
CONFUSING FOR ALMOST EVERYONE
TO FOLLOW... Duty Clause
• Restructuring Your Business Operations
• Implementation of "Return to Work"
• Policies and Procedures
• Updates and Ongoing Reporting
© Copyright 2020 Traiden Global SolutionsSTART YOUR
RECOVERY PLAN
covid19recoveryplan.com
(702) 802-1858 - 24 Hour Emergency covid19@traidenglobal.com
solutions@traidenglobal.com
© Copyright 2020 Traiden Global SolutionsSECTION III
03
Fisher & Phillips:
Preparing the
WorkforceBACK-TO-BUSINESS
Bringing The Workforce Back To Work
A a r o n O l se n F i sh e rP h i l l i p s,L L P May6,2020
fisherp
fisherphillihi> Can your business re-open?
Returning to Work > How to prepare a plan for re-opening.
HR Challenges and > How to bring employeesback.
Solutions > What about reluctantemployees?
> How to prepare forproblems.
Visit fisherphillips.com for COVID-19 coronavirus latest updates,
resources and guidance
fisherphillips.com Ocala/Marion County Chamber & Economic Partnership> Designate COVID-19 response team
> Evaluate local andstate shutdown orders
> Prepare policies and protocols
> May need to vary by location and job
functions.
RESTART PLAN > Verify OSHA compliance (especially for
employees performing testing /cleaning).
Before Re-Opening > Consider practical issues
> Staggered return?
Visit fisherphillips.com for COVID-19 coronavirus latest updates, > Dry run of extra safety protocols?
resources and guidance
> Social distancing with employees in elevators /
break rooms / kitchen / copy rooms?
fisherphillips.com Ocala/Marion County Chamber & Economic Partnership> Policies and Protocols
> Create clear protocols but be flexible on the
timeline.
> Identify temporary policies (e.g., youmay
want to pay employees to stay at home
RESTART PLAN extra days beyond your current sickleave
policy if they have COVID-19 symptoms).
Communicating the > Follow CDC and other health guidelines
Policies and show employees that is what you are
doing.
Visit fisherphillips.com for COVID-19 coronavirus latest updates,
> Considerwho should respond to employee
resources and guidance questions
> Make sure that they are prepared to answer
FAQs
fisherphillips.com Ocala/Marion County Chamber & Economic Partnership> Who gets calledback first?
> Objective, non-discriminatory criteria
such as skill set, education, and/or
tenure
> Consider voluntary call-backs
RESTART PLAN (employeeoption to return during first
round, etc.)
Picking and
> Comply with requirements re:
Choosing Who
> Non-discrimination on basis of FFCRA
Returns and related leaves
Visit fisherphillips.com for COVID-19 coronavirus latest updates,
> Non-discrimination and non-retaliation
resources and guidance in return to work determinations
> Requests for accommodation
fisherphillips.com Ocala/Marion County Chamber & Economic Partnership> Strongly recommend a specific system or plan for
establishing who may return.
> Be prepared to defend the plan with objective
written evidence – lawsuits are likely.
RESTART PLAN
> The more objective the better.
Picking and > For employees in equivalent job positions with
Choosing Who similar skills, seniority basedsystem is safest (and
Returns may be required oneday)
> Be wary of allowing managers to make decisions
Visit fisherphillips.com for COVID-19 coronavirus latest updates,
resources and guidance without articulating a system
fisherphillips.com Ocala/Marion County Chamber & Economic PartnershipCan we let some people
work from home just to be
Preparing for nice?
Employee Yes. Being flexible and accommodating now will
Questions: likely save litigation later – especially foremployees
who are working wellremotely.
“I want to keep Beware of (a) employees claiminginconsistent
working from application, and (b) the potential for actual
home. I can do it!” inconsistent or incorrect application.
If employees are performing poorly fromhome,
“I don’t feel safe document and counsel with thoseemployees.
working in the Create a written trail – even if it is not a formal write
up.
office.”
Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidance> If there is a medical condition, or employee is over
60, we likely have an accommodation duty.
Preparing for
Employee > If we plan to deny work from home status as
undue burden, be prepared to answer “What’s
Questions: changed?”
“I want to keep > Be mindful of associationaldiscrimination.
working from > If there is no medical condition, employees have no
home. I can do it!” general right to work from home or refuse to work.
> Recommend against terminating or disciplining
“I don’t feel safe anyway.
working in the > Absent medical condition, OK to not select
office.” employee for return position,etc.
Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidancePreparing for
Employee What should that strategybe?
Questions:
Allowing for a limited continuedwork-from-home
“I want to keep may be a sensibleapproach.
working from Phased returns to work and limiting exposure may
home. I can do it!” put employees at ease anyway.
“I don’t feel safe
working in the
office.”
Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidance> Some employees will:
> Be thrilled to be back at work.
> Be thrilled to be back at work, but be suspicious
EMPLOYEE
> Need time tovent.
RELATIONS
> Test you.
Perception Is Reality > Look for reasons to go back home/be sent
home/rally others to paint the workplaceas unsafe
> Use workplace safety as a shield when discussing
performance issues
Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidance> Communicate, communicate, communicate
> What are you doing to protect them?
> Consider establishing an employee-safety
EMPLOYEE committee
RELATIONS > Acknowledge that we are in uncharted territory
Perception Is Reality > Enforce “the new normal” so employees do not
have to
> Consider a phased-return or allow some remote
work
Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidance> Be sure to examine overtime adjustments to
account for extra bonuses being paid to hourly
employees.
Beware of Wage- > Pay for time spent doing required temperature
checks.
Hour Issues
> Follow exemption rules:
> Cannot ask exempt employees to work duringa
“furlough” week.
> Avoid frequent changes to an exempt employee’s
salary based on hoursworked.
Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidance> Prepare memo to employees confirming
how to report if employee has: (1) been
ANTICIPATE diagnosed with COVID-19; or (2) lives
PROBLEMS NOW: with someone who, in the past 14 days,
has been diagnosed with COVID-19;or
Prepare a Plan of (3) has come into direct contact in the
Action for After past 14 days with someone who has been
diagnosed with COVID-19
Employees Return
> Develop a written plan of action to
implement if a worker becomes sickwith
COVID-19
Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidance> Update policies and communicate
expectations to employees.
> Beware of sending confidential documents
PROTECTING TRADE or trade secrets to cloud-based personal
SECRETS AND email.
CONFIDENTIAL > Review protocols for employees who have
INFORMATION been working from home to ensure
confidential information is being returned/
deleted at the end ofemployment.
Visit fisherphillips.com for COVID-19 coronavirus latest updates,
resources and guidanceOur wishes,you,your family,your workforce,and those
you care about staywell.
AARON F.OLSEN
Partner
Fisher Phillips, LLP
aolsen@fisherphillips.com
858.597.9637
fisherphillips.com Ocala/Marion County Chamber & Economic PartnershipQuestions
fisherphillips.com
© 2020 Fisher & Phillips LLP
fisherp
fisherphillihiTHANK YOU Join us next Wednesday
WEBINAR
THANK EXPERIENCE
YOU
A copy of the presentation slides will be sent out to all attendees tomorrow morning and posted
on BurnhamBenefits.com/COVID-19
CONNECT WITH US
We are here to answer your questions and find the best solutions
BURNHAM COVID-19 RESPONSE TEAM
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