coronavirus and the building workplace: are you prepared? · • common questions regarding...

Coronavirus and the Building Workplace: Are You Prepared? Wednesday, March 11, 2020

Agenda

• Coronavirus and the Current Outbreak

• Common Questions Regarding Coronavirus and the Building Workplace‒ Disability Discrimination Law‒ Leave Issues‒ OSHA and Workplace Safety‒ Labor and CBA Issues‒ Employee Travel

• Planning for Possible Cases of Coronavirus

• What To Do If There Is a Confirmed or Suspected Case in the Building

• Additional Resources

March 11, 20202 Coronavirus and the Building Workplace: Are You Prepared?

Coronavirus and the Current Outbreak


About the Coronavirus Outbreak

• The 2019 Novel Coronavirus likely originated in China, where people contracted it from animals at a market.

• As of March 11, there are over 1,000 confirmed cases (and 32 deaths) in the US.

• According to the CDC:‒ The potential public health threat is very high, to the US

and globally.‒ For most of the American public, the immediate risk of

being exposed to the virus is low.‒ People in areas where community spread is occurring are

at an elevated risk of exposure.‒ It is likely that the virus will cause a pandemic.

March 11, 2020Coronavirus and the Building Workplace: Are You Prepared?4

Source: Centers for Disease Control and Prevention

Symptoms and Complications

• Person-to-person spread happens most often among close contacts (within 6 feet).‒ Virus spreads through respiratory droplets when an infected person sneezes or coughs.

• Incubation period: 2-14 days

• Common symptoms: ‒ Fever | Cough | Breathing difficulties

• Symptoms and complications in severe cases:‒ Pneumonia | Kidney failure | Death

• Certain groups are at an increased risk:‒ Older individuals.‒ People with compromised immune systems.

• There is currently no vaccine or antiviral treatment available.


Please Keep in Mind…

• The situation is constantly evolving, as is guidance for employers and businesses. ‒ Guidance is being issued by the CDC, WHO, State Department, and state/local health

departments. ‒ Be sure to monitor this guidance and respond accordingly.

• 32BJ has been engaging members and working with employers to manage the situation. ‒ The union has distributed a “COVID-19 Rights at Work FAQ” to its members.

• Other unions are aware of the situation and we are reaching out to them to minimize potential labor issues.



Common Questions Regarding Coronavirus and the Building Workplace

What Can I Ask Employees About Coronavirus Exposure?

• ADA generally prohibits employers from making disability-related inquiries.

• The following questions are not disability-related and may be asked:‒ Have you or someone that you live with traveled to an affected area in the last 14 days?‒ Have you had close contact with someone who is infected with Coronavirus?‒ Are you experiencing Coronavirus symptoms?

‒ Note: You can ask this before symptoms develop.‒ 32BJ FAQ: “Your employer can ask if employees are experiencing the symptoms of COVID-19.”

• Employers should not: ‒ Direct questions to employees on the basis of a protected characteristic.‒ Ask employees if they have had contact with a person of Chinese national origin.‒ Ask employees if they have a condition that puts them at higher risk of exposure.

‒ 32BJ FAQ: Employees do not have to answer questions about health conditions that would put them at risk for COVID-19 exposure.


Can Employers Send Symptomatic Employees Home?

• Yes – employers can send an employee displaying symptoms of a contagious illness home even if contrary to employee’s wishes. ‒ The CDC is advising employers to “actively encourage” sick employees to stay home.‒ 32BJ FAQ: Seek medical attention if you are sick, and “contact your union

representative if you believe your employer is unfairly stopping you from working.”

• OSHA General Duty Clause – duty to maintain a safe and healthy work environment.

• Employers should consider adopting a general policy that employees with a potentially contagious illness must not report to work while they are sick.

• Consult legal counsel regarding applicability of:‒ Federal, state, and local law; and ‒ Sick and other leave provisions in the relevant collective bargaining agreement.


Can Employers Send Asymptomatic Employees Home?

• After Travel to China, Iran, Italy, or South Korea: ‒ In light of the travel restrictions and guidance issued by the CDC, employers can

require employees returning from travel in these areas to stay at home for 14 days. ‒ Consult with counsel if considering a longer period.

• Otherwise: ‒ If an employee reports contact with an affected person yes ‒ If no reported contact consult legal counsel

• According to CDC Guidance, employers may consider requiring employees who have a household member with the virus to notify the company.

• Consult legal counsel regarding applicability of:‒ Federal, state, and local law; and ‒ Sick and other leave provisions in the relevant collective bargaining agreement.


If I Send Employees Home, Or Employees Cannot Come To Work Because They Are Sick, Do I Have To Pay Them?

• Employers must comply with all applicable laws, policies, and collective bargaining agreements regarding employee pay.

• Federal Fair Labor Standards Act (FLSA):‒ Non-Exempt: Must be paid for all hours worked, including if working from home. ‒ Exempt: Must be paid full salary for workweek if employee works any part of it, except full day

absences for personal reasons or in accordance with a disability/sick time policy.

• Federal Family and Medical Leave Act (FMLA):‒ Covered employers must provide eligible employees with up to 12 weeks of unpaid leave for

their own serious health condition or to care for a parent, spouse, or child with a serious health condition.

‒ Some states have their own “mini-FMLA” laws that may provide additional benefits.


If I Send an Employee Home, Or an Employee Cannot Come To Work Because They Are Sick, Do I Have To Pay Them? (cont’d)

• Paid Sick Leave Laws:‒ Numerous states and cities have enacted paid sick leave laws, each with their own nuances.‒ They generally provide a limited amount of paid leave when an employee or employee’s

family member is sick.‒ Some laws also cover when a workplace or child’s school/daycare is closed due to a public

health emergency.

• Paid Family and Medical Leave Laws:‒ Growing number of states enacting paid family and medical leave laws.‒ Generally provide for partially paid leave to care for a family member with a serious health

condition.‒ Some (not all) laws also provide paid leave for an employee’s own serious health condition.

• Immigration Law Considerations:‒ Consult legal counsel with regard to H1-B or other work visa employees.


If I Send an Employee Home, Or an Employee Cannot Come To Work Because They Are Sick, Do I Have To Pay Them? (cont’d)

• Consult Collective Bargaining Agreements:‒ Ensure you speak with legal counsel to determine applicability of relevant collective

bargaining agreement provisions.‒ Apartment Building Agreement (Local 32BJ)‒ Commercial Building Agreement (Local 32BJ)‒ Contractors Agreement (Local 32BJ)‒ Engineer Agreement (Local 94)


Can Employers Require a Doctor’s Note As a Condition To Return To Work?

• Generally yes, if the employee was sick or displaying symptoms.

• If an employee was not sick/symptomatic, consult with counsel.

• In either case, consider:‒ State/local laws that restrict doctor’s notes.‒ Practical difficulties during the outbreak.

• Consult legal counsel regarding applicability of federal, state and local law; and relevant CBA.

• Maintain confidentiality of medical information.


What If an Employee Refuses To Come To Work or Enter a Potentially Contaminated Area?

• Answer may depend on the risk of potential exposure.‒ ADA: Employees with certain medical conditions (such as those that compromise the

immune system) may request this as a reasonable accommodation.‒ 32BJ FAQ: “If you have a condition that puts you at higher risk of infection, you can request

to be reassigned…However, if your request creates a difficult situation for the employer, it is not guaranteed that you will have this request granted.”

‒ OSHA: In certain limited situations, employees may refuse work if they believe in good faith that they will be exposed to an imminent risk of death or serious injury.

‒ NLRA: Consider if refusing to work may constitute “protected concerted activity.”

• Consult legal counsel regarding applicability of federal, state and local law; and relevant CBA.

• 32BJ FAQ: You cannot refuse to work if asked to clean a space where someone with a confirmed or suspected case of COVID-19 has been.


Can Employees Demand Personal Protective Equipment (PPE) Be Provided?

• This raises similar issues under the ADA, OSHA, and NLRA.‒ OSHA requires protective equipment, clothing, and barriers be provided when necessary to

prevent exposure to environmental hazards.‒ Employers are responsible for selecting & training employees on appropriate use of PPE.

‒ Consult CDC and OSHA guidance.

• Unless exposed to the virus or employed in a high-risk setting, the CDC is advising against the use of facemasks.

• Other forms of personal protective equipment include:‒ Gloves | Face protection | Respirators

• 32BJ FAQ: If there is a confirmed or suspected case of COVID-19, your employer should provide you with enhanced PPE to use while cleaning and appropriate cleaning agents. ‒ Your employer must also train you how to use and dispose of this special equipment.


How Should You Prepare for an Increase in Absenteeism?

• Absences may occur because of:‒ Employee illnesses | Family illnesses | School/daycare closures

• Implement plans to continue essential building functions.‒ Cross-train building employees.‒ Determine which employees may not be able to work in the event of an outbreak.

‒ Consult legal counsel to ensure compliance with the ADA’s prohibition on disability-related inquiries.

• Prepare to:‒ Modify work schedules; ‒ Prioritize tenants; or‒ Identify alternative suppliers.

‒ Before doing so, consult RAB/REBNY regarding other staffing solutions as bargaining with the union may first be required.


Can I Screen Employees and Others Entering My Building?

• Consult legal counsel before taking an employee’s body temperature. ‒ This is a medical examination, which is generally

prohibited by the ADA.

• According to the NYC Health Department, building owners may:‒ Exclude visitors who appear to be ill or report

Coronavirus symptoms, and:‒ Travel from an affected area in the past 14 days; or‒ Close contact with a person with confirmed

Coronavirus within the past 14 days.

• 32BJ FAQ: Based on current health concerns, employers can use universal, non-invasive screening measures, such as taking everyone’s temperature.


Coronavirus and Its Impact on Travel


• The CDC and State Dept. have issued travel advisories.‒ Quarantines are in place for those returning from areas with widespread transmission.

• Employers are cancelling business travel, internationally and domestically.‒ Employers are basing travel restrictions on CDC and State Dept. advisories. ‒ OSHA General Duty Clause: Employers have a duty to ensure a healthy work

environment.

• Employers are also taking steps to reduce personal travel. ‒ Requesting that employees notify HR of travel.‒ If applicable, requiring employees to work remotely for 14 days after travel.

• 32BJ FAQ: Implies that employees who have traveled to affected areas can be prohibited from working. Employees who have travelled to a location where there is not an outbreak should be able to work.

Planning for Possible Cases of the Coronavirus


Determine How to Communicate with Employees / Tenants

• Designate a point of contact for communications, questions, and concerns.‒ Provide practical, fact-based information

based on official guidance.‒ Provide relevant policies.

• Consider the best method of reaching allparties.‒ Email | Phone | Text


Determine How to Communicate with Employees / Tenants (cont’d)

• Consider creating an intranet page with travel restrictions and applicable policies.

• Provide regular updates to keep all parties informed.

• Aim to reduce fear, anxiety, rumors, and misinformation. ‒ Base communications on information from official sources.

• Be aware of whistleblower laws: ‒ OSHA provides whistleblowing protections for safety violations.


Educate Your Employees and Tenants

• Measures the building is taking to protect employees and tenants.

• Signs and symptoms of the virus.

• Everyday steps to reduce transmission:‒ Wash your hands with soap and water; otherwise use hand sanitizer. ‒ Avoid close contact with people who are sick.‒ Avoid touching your eyes, nose, and mouth.‒ Cover your cough or sneeze with a tissue or bent below.‒ Clean and disinfect frequently touched objects and surfaces.‒ Do not share items such as glasses, utensils, towels, or bedding.

• Sources of additional information (e.g., CDC, WHO, State Department).


Take Practical Steps to Prevent Disease Transmission

• Under OSHA, employers must maintain reasonably safe workspaces.‒ OSHA has promulgated guidance on preparing workplaces for COVID-19.

• Provide hand sanitizer, disinfecting wipes/spray, and tissues. ‒ Be prepared for shortages of these items.

• Encourage frequent hand washing.‒ Place signs in restrooms and eating areas.

• Increase cleaning frequency. ‒ Ensure that frequently touched items – such as drinking fountains, door and sink

handles, and light switches – are disinfected regularly.

• Instruct visitors not to enter if they have symptoms of respiratory infection. ‒ But do not screen visitors or employees on the basis of a protected characteristic.


Increase Social Distancing

• Consider alternatives to in-person meetings:‒ Conference and video calls‒ Emails‒ Bulletin boards and signs

• Consider allowing flexible worksites (teleworking):‒ Ensure you have technology infrastructure to support multiple employees.

‒ Test large-scale infrastructure on a smaller sample of employees. ‒ Consider practical issues:

‒ What policy changes are needed for timekeeping for non-exempt employees. ‒ What expenses will be covered for employees who will need to purchase equipment.‒ The logistics of working remotely.


Increase Social Distancing (cont’d)

• For employees who cannot work from home: ‒ Allow or require flexible work hours.

‒ Consult legal counsel to determine the implications of predictive scheduling laws. ‒ Reimburse car services to encourage employees to avoid public transportation.‒ Allow employees who work in open areas to work in other available areas.‒ Stagger mealtimes and restroom breaks. ‒ Close common areas, or create schedule for using these spaces. ‒ Have the mail room scan and email incoming paper mail, rather than hand delivery.‒ Provide bottled water (to avoid use of / congregating around water fountains).


Special Considerations for Realty Industry

• Your buildings are not only places of work for your employees, but also for your tenants’ employees.‒ Employee absenteeism may increase.‒ Employees may request to use leave for

reasons beyond those usually allowed.‒ Employees may refuse to come to work.

‒ Employees may request additional protective equipment and cleaning solutions. ‒ Additional training may be required or

advised.

• Consult legal counsel to discuss applicable CBA provisions.


Begin Preparing for a Possible Need to Close the Building

• If there is a severe outbreak in an area – or a case in the building – part or all of the building may be shut down and/or building operations significantly limited.

• A building shutdown presents additional unique challenges.‒ Demands of tenants.‒ Demands of contractors.‒ Demands of employees, who may want to take time off, or wish to continue working.‒ Potential triggering of recall and bumping rights under applicable CBA

• If you are considering a temporary shutdown, consult: legal counsel and applicable CBA and lease provisions.

• Consider how to provide essential services such as mail delivery, copying, etc. during a shutdown.

• Consult legal counsel to determine implications under federal/state WARN laws.March 11, 2020Coronavirus and the Building Workplace: Are You Prepared?28

What To Do if There Is a Confirmed or Suspected Case in the Workplace


1. Require the Employee to Stay at Home


• Require the employee to stay at home:‒ Confirmed case Until medically cleared.‒ Suspected case Until symptom free, and for at least 14 days.

• Local health authorities may require the employee to remain quarantined for a period of time after exposure.

• Unless the employee is sick, consider having them work remotely, if possible.

• The employee may be eligible for sick leave, FMLA, Short-Term Disability, etc.

2. Determine Whether to Close and Disinfect the Building


• Suspected Case: Consult CDC guidance and the local health department to determine if the workplace should be closed and disinfected, and how.

• Confirmed Case: Close the workplace and consult CDC and local health department guidance on proper cleaning procedures. ‒ Generally, such cleaning should be done by an external company.‒ CDC recommends waiting up to 24 hours, if possible, before beginning cleaning and

disinfection. ‒ Identify the employees (if any) who must be in the office during a closure.

‒ Consider worker protection issues, such as whether to provide additional pay or PPE to those individuals.

• Communicate the closure to key parties.

3. Communicate with Your Employees• Suspected Case:

‒ Employees should be made aware of a suspected case.‒ Communications should be aimed at reducing unnecessary fear and panic. ‒ Refer employees to CDC guidance and information from other official sources. ‒ Ask employees to stay home if they feel sick.

• Confirmed Case: ‒ All employees must be notified if a case has been confirmed.

‒ Advise employees of the steps the company is taking to manage the situation.

• For All Cases: ‒ Do not disclose the identity of the employee without their consent.

‒ ADA: Employee medical information must be kept confidential. It may only be shared in very limited circumstances.

‒ 32 BJ FAQ: “If you voluntarily tell your employer about a health condition…your employer must keep that information confidential.”


4. Communicate with Other Stakeholders

• State/Local Health Department ‒ Coordinate with the health

department to determine how to respond, including the proper cleaning and disinfecting protocols.

• Other Building Tenants

• Legal Counsel

• RAB and REBNY


5. Consider Reporting Obligations

• For confirmed cases, contact local health authorities.• Federal OSHA Requirements:

‒ Coronavirus is a recordable illness when an employee is infected in the workplace . ‒ Employers should record workplace occurrences in their OSHA Form 300 log.

‒ Coronavirus is a reportable illness when an employee is infected in the workplace. ‒ If the employee is hospitalized, a report must be made within 24 hours.‒ If an employee dies, a report must be made within 8 hours.

• State and Local Reporting Requirements:‒ Most employers do not have a duty to report illnesses to the local health department.‒ However, some employers – such as health care facilities and schools – are required to

report certain conditions.‒ Coronavirus is a reportable condition in many jurisdictions for required reporters.

‒ Maintain confidentiality as required by the ADA.


6. Consider Employment Law Implications

• If possible, allow employees to work remotely during the closure.‒ Advise employees to continue to record

their time in accordance with company policy.

• If employees are unable to work remotely, consider whether or not to pay employees during the closure.


7. Consider Labor Implications

• 32BJ has been engaging members and working with employers to manage the situation. ‒ Other unions are likely to make a similar

pledge.

• Employees are generally under an obligation to obey first, and file a grievance later. ‒ Applicability of these policies during a

health emergency or possible pandemic?

• Consult legal counsel, the union, and applicable CBA provisions.‒ Err on the side of caution to protect

employee safety as grievances can be dealt with afterwards.


8. If the Building Is Closed, Prepare to Re-Open• Consider how long to close the

building. ‒ After proper cleaning and consultation

with health officials, an office can be reopened.

• Consider measures to prevent future exposure:‒ Providing hand sanitizer, disinfectant

wipes, and tissues.‒ Increasing cleaning frequency.


Additional Resources


Additional Resources • Centers for Disease Control and Prevention (CDC)

‒ https://www.cdc.gov/coronavirus/2019-ncov/index.html‒ https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/guidance-business-

response.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fguidance-business-response.html

‒ https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html

• World Health Organization (WHO)‒ https://www.who.int/emergencies/diseases/novel-coronavirus-2019

• Occupational Safety and Health Administration (OSHA)‒ https://www.osha.gov/SLTC/novel_coronavirus/standards.html

• U.S. Department of State‒ https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/china-travel-advisory.html

• New York State Department of Health‒ https://www.health.ny.gov/diseases/communicable/coronavirus/

• California Department of Public Health ‒ https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV2019.aspx


https://www.cdc.gov/coronavirus/2019-ncov/index.html

https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/guidance-business-response.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fguidance-business-response.html

https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html

https://www.who.int/emergencies/diseases/novel-coronavirus-2019

https://www.osha.gov/SLTC/novel_coronavirus/standards.html

https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/china-travel-advisory.html

https://www.health.ny.gov/diseases/communicable/coronavirus/

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV2019.aspx

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Coronavirus and the Building Workplace: Are You Prepared? Wednesday, March 11, 2020

The information provided in this slide presentation is not intended to be, and shall not be construed to be, either the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the firm, our lawyers or our clients. No client-lawyer relationship between you and the firm is or may be created by your access to or use of this presentation or any information contained on them. Rather, the content is intended as a general overview of the subject matter covered. Proskauer Rose LLP (Proskauer) is not obligated to provide updates on the information presented herein. Those viewing this presentation are encouraged to seek direct counsel on legal questions. © Proskauer Rose LLP. All Rights Reserved.

This is the best information we have as of March 9, 2020. The situation is evolving and information, including guidelines are

subject to change.

If asked to respond to an individual who is ill with

suspected COVID-19, officers should remain at least

three to six feet away, and relay all information to

health care providers.

Workers should maintain a social distance of at least

three (WHO guidance) to six (CDC guidance) feet

from all individuals who are suspected or confirmed

to have COVID-19, or who appear to have

respiratory symptoms.

Areas should be disinfected and cleaned as usual.

Generally, unless required by the chemical in use,

PPE is not required, even if a person who has

COVID-19 has been on the premises.

For locations where there is a suspected or

confirmed case of COVID-19, workers should be

provided with chemicals that are known to stop the

spread of infectious disease.

The US Environmental Protection Agency released a

list of Antimicrobial Products for Use Against Novel

Coronavirus SARS-CoV-2, the Cause of COVID-19.

The list may be found http://bit.ly/CovidP2

The American Chemistry Council’s (ACC) Center for

Biocide Chemistries has also compiled a list of

products that have been pre-approved by the US

EPA for use against COVID-19. This list may be

found http://bit.ly/CovidPL

Workers who are asked to clean offices, bathrooms

or quarantine areas of a confirmed or suspected

infected person(s):

o For spaces where a person with a respiratory

infection was working or using the restroom,

additional protections are not required,

unless the surfaces to be cleaned are visibly

contaminated with bodily secretions

(potentially infections blood borne

pathogens).

o If a worker is asked to clean a space where

blood borne pathogens are present they

should ask:

1) did anyone in area have fever,

cough and/or shortness of breath and;

2) in the 14 days prior has anyone

travelled internationally or recently had

contact with a person who is suspected or

confirmed to have COVID 19. If the person

answers yes to international travel, then

check and see if it is on a list of geographic

areas of widespread/sustained community

transmission. http://bit.ly/3cIeaAD

If workers can be assured that an infected location

has been empty for 24 hours or longer, then a

respirator is not necessary for cleaning the location.

The room should be cleaned with proper

disinfectants, workers provided with disposable

gloves, which are disposed of along with other waste

in a bag that can be tied, and they should wash

hands directly after for at least 20 seconds. If

workers are asked to clean the location earlier than

24 hours, the location requires enhanced PPE.

o For detailed information on

enhanced PPE see Enhanced

Cleaning Process leaflet.

http://bit.ly/3cIeaAD


subject to change.

Areas should be disinfected and cleaned as

usual. Clients may request more frequent

cleanings of highly trafficked or touched areas.

Generally, unless required by the chemical in

use, PPE is not required, even if a person who

has COVID-19 has been on the premises.

For buildings where there is a suspected or


provided with chemicals that are known to stop

the spread of infectious disease.

The US Environmental Protection Agency

released a list of Antimicrobial Products for Use

Against Novel Coronavirus SARS-CoV-2, the

Cause of COVID-19. The list may be found at

http://bit.ly/CovidP2

The American Chemistry Council’s (ACC)

Center for Biocide Chemistries has also

compiled a list of products that have been pre-

approved by the US EPA for use against

COVID-19. This list may be found at

http://bit.ly/CovidPL

Workers who are asked to clean offices,

bathrooms or quarantine areas of a confirmed

or suspected infected person(s):

o For spaces where a person with a

respiratory infection was working or

using the restroom, additional

protections are not required, unless the

surfaces to be cleaned are visibly



pathogens).

o If a worker is asked to clean a space

where blood borne pathogens are

present they should ask:



2) in the 14 days prior has

anyone travelled internationally or

recently had contact with a person who

is suspected or confirmed to have

COVID 19. If the person answers yes to

international travel, then check and see

if it is on a list of geographic areas of

widespread/sustained community


o If workers can be assured that an

infected location has been empty for 24

hours or longer, then a respirator is not

necessary for cleaning the location. The

room should be cleaned with proper

disinfectants, workers provided with

disposable gloves, which are disposed of

along with other waste in a bag that can

be tied, and they should wash hands

directly after for at least 20 seconds. If

workers are asked to clean the location

earlier than 24 hours, the location

requires enhanced PPE.

o For detailed information on

enhanced PPE see Enhanced

Cleaning Process leaflet.


This is the best information we have as of March 6, 2020. The situation is evolving and information, including guidelines

are subject to change.

The Enhanced Cleaning Process contains the following steps:

o If visible contamination (e.g., a body substance such as blood or body fluids) is present,

routine employer cleaning procedures should be followed based on blood or body substance

spill management according to 29 CFR 1910.1030. OSHA’s Bloodborne Pathogen Standard.

o Employers should ensure workers are trained on the hazards of the cleaning chemicals used

in the workplace in accordance with OSHA’s Hazard Communication Standard, 29 CFR

1910.1200.

o After doffing (taking off) PPE, cleaning staff should immediately clean hands with soap and

water for at least 20 seconds. If soap and water are not available and hands are not visibly

dirty, an alcohol-based hand sanitizer that contains at least 60% alcohol may be used.

o Workers should immediately report breaches in PPE (e.g., tear in gloves) or any potential

exposures (e.g., contact with blood or body fluids without wearing appropriate PPE) to their

supervisor.

o Workers should dispose of PPE and other disposable items used in cleaning following the

employer’s routine procedures.

o The PPE used during enhanced cleaning should be the following:

Disposable gloves that are recommended by the manufacturer of the disinfectant

should be worn.

Disposable gowns should be worn while cleaning.

o If splashing is possible, eye protection, such as a face shield or goggles and facemask may be

required according to the manufacture’s label.

Clean non-porous (hard) surfaces with disinfectant products with EPA-

approved emerging viral pathogens claims that are expected to be effective

against the virus that causes COVID-19 (SARS-CoV-2) and ensure these

products are compatible with aircraft surfaces and components. All products

should be used according to label instructions (e.g., concentration, application

method and contact time, PPE).

Clean lavatories used by the symptomatic indiviual(s), including: door handle, locking

device, toilet seat, faucet, washbasin, adjacent walls, and counter.

Properly dispose of any items that cannot be cleaned.

https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200

https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200


subject to change.


Schools may request more frequent cleanings of

highly trafficked or touched areas. Generally, unless

required by the chemical in use, PPE is not required,

even if a person who has COVID-19 has generally

been on the premises.

For schools where there is a suspected or confirmed

case of COVID-19, workers should be provided with

chemicals that are known to stop the spread of

infectious disease.




The list may be found at http://bit.ly/CovidP2

The American Chemistry Council’s (ACC) Center for




found at http://bit.ly/CovidPL

For NYC DOE workers: the NYC Department of

Health have provided CDC-approved cleaning

agents to every school.

Workers who are asked to clean classrooms,

bathrooms or quarantine areas of a confirmed or

suspected infected person(s):







pathogens).



should ask:











If workers can be assured that an infected

location has been empty for 24 hours or longer, then

a respirator is not necessary for cleaning the

location. The room should be cleaned with proper

disinfectants, workers provided with disposable

gloves, which are disposed of along with other waste

in a bag that can be tied, and they should wash

hands directly after for at least 20 seconds. If

workers are asked to clean the location earlier than

24 hours, the location requires enhanced PPE.

o For detailed information on enhanced PPE

see Enhanced Cleaning Process leaflet.



subject to change.

Areas should be disinfected and cleaned as

usual. Clients may request more frequent

cleanings of highly trafficked or touched areas.

Generally, unless required by the chemical in

use, PPE is not required, even if a person who

has COVID-19 has been on the premises.

For buildings where there is a suspected or


provided with chemicals that are known to stop

the spread of infectious disease.

The US Environmental Protection Agency

released a list of Antimicrobial Products for Use

Against Novel Coronavirus SARS-CoV-2, the

Cause of COVID-19. The list may be found at http://bit.ly/CovidP2

The American Chemistry Council’s (ACC)

Center for Biocide Chemistries has also

compiled a list of products that have been pre-

approved by the US EPA for use against

COVID-19. This list may be found at

http://bit.ly/CovidPL

Workers may be asked to deliver food or other

supplies to infected residents, in such cases the

workers should leave the materials outside the

infected persons door and maintain standard

hand hygiene practices. No special precautions

need to be taken with respect to trash that may

be disposed of by the resident.

If workers are asked to go inside tenant homes,

they should ask 1) does anyone in the residence

have fever, cough and/or shortness of breath

and 2) in the 14 days prior has anyone travelled

internationally or recently had contact with a

person who is suspected or confirmed to have

COVID 19.

If the person answers yes to international

travel, then check and see if it is on a list of

geographic areas of widespread/sustained

community transmission. http://bit.ly/3cIeaAD

If the tenant answer yes, and the visit can be

postponed, politely ask to reschedule in 14 days

or when the individuals are feeling better.

If the tenant answers yes and the visit cannot

be postponed, then

- Where possible, remain in a separate

room with the door closed.

- If a separate room is not available,

keep at least six feet away from the

person and wear a face mask if

available.

o Workers, including door persons and

concierges, should maintain a social

distance of at least three (WHO

guidance) to six feet (CDC guidance)

from all individuals who are suspected

or confirmed to have COVID-19, or who

appear to have respiratory symptoms.

COVID-19 Rights at Work FAQ

This is the best information we have as of March 6, 2020. The situation is evolving and information,

including guidelines are subject to change.

1) Can I refuse to work if my employer asks

me to clean a space where someone with a

confirmed or suspected case of COVID-19

has been?

No, but if there is a confirmed case of COVID-

19 your employer should provide you with

enhanced personal protective equipment to use

while cleaning and appropriate cleaning agents.

Your employer must also train you how to use

and dispose of this special equipment.

Speak to your Union rep if you have specific

concerns about a building or area you are being

asked to clean.

2) What if I am immune-compromised, can I

request an accommodation from my

employer?

Yes. If you have a condition that puts you at a

higher risk of infection, you can request to be

reassigned from an area where there are known

to be infectious blood borne pathogens.

However, if your request creates a difficult

situation for the employer, it is not guaranteed

that you will have this request granted.

3) My employer is taking everyone’s

temperature before they come to work.

Can they do that?

Yes. Based on current community health

concerns, the employer is allowed to use a

universal, non-invasive screening measure.

4) My employer is asking everyone if they

have a health condition that would put

them at risk for COVID-19. Do I have to

answer?

No. However, your employer can ask if

employees are experiencing the symptoms of

COVID-19.

If you voluntarily tell your employer about a

health condition that puts you at higher risk for

COVID-19, your employer must keep that

information confidential.

5) My employer is not allowing me to work

because I recently traveled

internationally. Can they do that?

If you recently traveled to a country with a

COVID-19 outbreak and are experiencing

respiratory ailments, you should contact a

medical health professional about how to

proceed.

Certain individuals who have recently traveled

from China, Iran, South Korea and Italy may

be asked to self-quarantine, as those countries

are experiencing outbreaks. If you have

questions about whether you need to self-

quarantine you should contact your local state

health department.

If you recently travelled to a location where

there is not an outbreak you should be able to

work.

COVID-19 Rights at Work FAQ

This is the best information we have as of March 6, 2020. The situation is evolving and information,

including guidelines are subject to change.

6) My employer is not allowing me to work

because I am Asian/Italian/over 40. Can

they do that?

This is illegal. Your employer cannot prohibit you

from working on this basis.

Contact your Union representative if you believe

your employer is unfairly stopping you from

working.

7) My employer sent me home from work

because I am coughing, what can I do?

If have a fever (100.5 and over) and respiratory

symptoms (coughing, sneezing), go home and contact a

medical professional. If you do not currently have a

medical professional, you can contact the Local 32BJ

member services line at 1-800-552-3225 to find one.

If have respiratory symptoms, no fever, and have

potential exposure to COVID-19, go home and contact

a medical professional.

Contact your Union representative if you believe your

employer is unfairly stopping you from working.

o


subject to change.

Workers may be asked to

deliver food or other supplies to

infected residents, in such

cases the workers should leave

the materials outside the

infected persons door and

maintain standard hand

hygiene practices.

If requested to guard a

quarantine room, officers

should remain outside the room

unless they are provided with

enhanced PPE and training on

how to don, doff and dispose of

such materials. See

additional for more

information about

enhanced PPE.

If asked to respond to an

individual who is ill with

suspected COVID-19, officers

should remain at least three

(WHO guidance) to six (CDC

guidance) feet away, and relay

all information to health care

providers or first responders.

Workers should maintain a

social distance of at least three

(WHO guidance) to six (CDC

guidance) feet from all

individuals who are suspected

or confirmed to have COVID-

19, or who appear to have

respiratory symptoms.


subject to change.


Schools may request more frequent cleanings of

highly trafficked or touched areas. Generally, unless

required by the chemical in use, PPE is not required,

even if a person who has COVID-19 has been on the

premises.

For schools where there is a suspected or confirmed

case of COVID-19, workers should be provided with

chemicals that are known to stop the spread of

infectious disease.




The list may be found at http://bit.ly/CovidP2 The

American Chemistry Council’s (ACC) Center for




found at http://bit.ly/CovidPL

Workers may be asked to deliver food to students, in

such cases the workers should leave the food outside

the infected persons door and maintain standard

hand hygiene practices. No special precautions need

to be taken with respect to used dishes and cutlery.

Workers who are asked to clean classrooms,

bathrooms or quarantine areas of a confirmed or

suspected infected person(s):







pathogens).



should ask:











o If workers can be assured that an infected

location has been empty for 24 hours or

longer, then a respirator is not necessary for

cleaning the location. The room should be

cleaned with proper disinfectants, workers

provided with disposable gloves, which are

disposed of along with other waste in a

bag that can be tied, and they should wash

hands directly after for at least 20 seconds.

If workers are asked to clean the location

earlier than 24 hours, the location requires

enhanced PPE.

For detailed information on enhanced PPE

see Enhanced Cleaning Process leaflet.

http://bit.ly/CovidP2


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