Office Safety ProtocolsGuidance for Employers Reopening

Construction Offices/SitesWednesday, May 13, 2020

(10:00 AM - 11:30 AM) (EST)

Our Presenters

John A. MonteiroSenior ConsultantPinnacle Human Resources, LLC

Rose MillerPresidentPinnacle Human Resources, LLC

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About Pinnacle Human

Resources

Pinnacle Human Resources is a NYS Certified Women Owned Business with a staff of over 20 HR professionals, who perform HR assessments, employee handbooks, on-site and off-site HR back office support, managerial training, executive coaching, compensation and performance systems.

The team’s expertise is in human resources consulting that:

– Provides HR advice and expert HR best practices– Helps clients implement employment laws and

programs– Specialize in employee relations and address

concerns

Call us at 518-486-8152 or email sales@pinnaclehrll.com

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NOTICE

The content of this webinar has been preparedfor informational purposes only. This is not legaladvice. We recommend that before acting onthe basis of any information or material, youshould consult with a Human ResourcesProfessional or your attorney.

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Agenda

• Unprecedented Times

• NY PAUSE

• Industry Risk (CDC)

• Preparing to Return to Work

– Safety and Operations

– Work Checklist

– Government Programs

• Frequently Asked Questions

• Questions/Answers

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Unprecedented Times

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NY PAUSE

• Executive Order 202.6

• March 22 @ 8 PM

• 10-point policy to assure uniform safety for everyone

• Essential Businesses - NYS Empire State Development

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CARES Act

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Essential Industry Grid

“More-Essential” Industry “Less-Essential” Industry

Low Infection Risk

Services/product more

essential, low risk of workplace

or customer infection spread

Services/product less

essential, low risk of

workplace or customer

infection spread

Higher Infection Risk

Services/product more

essential, higher risk of

workplace or customer

infection spread

Services/product less

essential, higher risk of

workplace or customer

infection spread

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Very High Exposure Risk

4 Level Pyramid

Very High Exposure Risk

Potential Direct Contact with COVID-19

▪ Health Care Workers (Doctors, Nurses, dentists, EMT’s)

▪ Health Care or Lab personnel collecting or handling specimens from know COVID-19 patients.

▪ Morgue workers performing autopsies on people that are know to have COVID-19

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CDC Occupational Risk

High Exposure Risk

4 Level Pyramid

High Exposure Risk

▪ Health Care Delivery and support staff

▪ Medical transport workers

▪ Mortuary workers involved in burials or cremation of COVID-19 positive bodies

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CDC Occupational Risk

Medium Exposure Risk

4 Level Risk Pyramid

Lower Exposure Risk

▪ Do not require contact with people known to be, or suspected of COVID-19 nor frequent close contact with (i.e., within 6 feet of) the general public.

▪ Minimal occupational contact with the public and other coworkers.

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CDC Occupational Risk

The 4 Phases of Re-opening

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New York's 10 Regions

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1. Western New York: Allegany, Cattaraugus, Chautauqua, Erie, Niagara2. Finger Lakes: Genesee, Livingston, Monroe, Ontario, Orleans, Seneca,

Wayne, Wyoming, Yates3. Southern Tier: Broome, Chemung, Chenango, Delaware, Schuyler,

Steuben, Tioga, Tompkins 4. Central New York: Cayuga, Cortland, Madison, Onondaga, Oswego5. Mohawk Valley: Fulton, Herkimer, Montgomery, Oneida, Otsego,

Schoharie6. North Country: Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, St.

Lawrence 7. Capital Region: Albany, Columbia, Greene, Saratoga, Schenectady,

Rensselaer, Warren, Washington 8. Mid-Hudson: Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster,

Westchester9. New York City: Bronx, Kings, New York, Richmond, Queens 10. Long Island: Nassau, Suffolk

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The Regions

What is the Criteria?

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Regional Control

• Control Room

• Regional Indicators

• Manage the Indicators

• Keep track of events

• Employer/employee responsibility

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Reopening Guidelines (for now)

Regions Opening

1. Finger Lakes Region

2. Southern Tier

3. Mohawk Valley

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Regions With Green Light to Open in Phase 1 – May 15th

From the Governor

• CDC Guidelines – 14-day decline

• Industry openings – “Phases” –construction and manufacturing

• Business Precautions – Plan to protect employees and customers

• Health care capacity by region

• Testing process

• Tracing system

• Isolation facilities

• Regional control room

• Protect and respect essential workers

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Reopening Guidelines (for now)

Planning and

Communications

• Identify Workplace Coordinator

• Public Heath and other orders

• Keep up with federal, state and local guidelines

• Who returns to work?

• Restructuring?

• Prepare employee communications

• Recalled employees

• Recall and New Hire paperwork

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Creating a Return to Work Plan

Policy Updates

and Postings

• Review/Update leave policies

• Review remote work policies

• Update safety manuals

• Post FFCRA poster

• Distribute NY COVID-19 paid sick leave fact sheet

• Post CDC “Stop the Spread of Germs” poster

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Return to Work Checklist

Health and

Safety

• CDC and OSHA guidelines

• Reduce the Spread

• Disinfecting, cleaning protocols

• Safe and social distancing

• Meeting and greetings

• Develop protocol for confirming or suspecting cases

• Consider health screening and temperature checks

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Return to Work Checklist

EmployeeWell-Beingand Morale

• Anticipate employee anxiety

• Update travel policies/state orders

• Adopt Infectious Disease policy

• Distribute all updated policies

• Designate person (HR) to answer employee questions and concerns

• Remain Positive!

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Return to Work Checklist

Leave of Absences and

Accommodations

• Train supervisors on requests for accommodations

• Have ADA request forms available to employees

• Prepare a response based on medical certifications

• Follow employees’ rights under FFCRA and NYS Sick leave

• Have Sick Leave request forms available to employees

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Return to Work Checklist

Employee Benefits

• Review rehire/reinstatement provisions in benefit plans

• New guidelines in Section 125 plans

• Determine premiums owed by employees during furlough

• Consider issues with retirement/pension plans

• Review comp and bonus programs

• Encourage use of company wellness benefits

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Return to Work Checklist

Other Considerations

• Train supervisors on policies, employee concerns/questions

• Offer flexibility when reasonable

• Plan for absenteeism spikes

• Review and update CDC, OSHA and NYS guidelines

• Prepare to shut down if a sudden increase in virus spread occurs.

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Return to Work Checklist

Creating Employee Safety

Summary

• Social Distancing

• Use of Personal Protective Equipment (PPE)

• Personal Hygiene and Etiquette

• Cleaning and Disinfecting

• Industry- and Business-specific Safety Considerations

• Balancing your needs and the health and safety of employees

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Employee Safety

8 Simple Actions for SAFETY

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• Do not allow entry to worksite if employee has a cough or fever (100.3 or higher)

• Maintain a minimum six-foot distance from other people.

• Wear face covering (mask) and other PPP • Proper hygiene (sneeze or cough into elbow) • Do not shake hands or engage in any unnecessary

physical contact• Cleaning and disinfecting• Minimize sharing of tools• Minimize Job Trailers/Interaction

Government Response Still in Play

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March 27, 2020

FFCRA

NYS COVID-

19

CARES ACT

CARES Act

• Education -$43.7 billion

• Big Corporations – $500 billion

• Small Businesses - $377 billion

• State & Local Governments -$399.8 billion

• Public Health - $153.5 billion

• Individuals - $560 billion

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The CARES Act (2 Trillion Dollars)

CARES Act

• Education -$43.7 billion

• Big Corporations – $500 billion

• Small Businesses - $377 billion

• State & Local Governments -$399.8 billion

• Public Health - $153.5 billion

• Individuals - $560 billion

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The CARES Act (2 Trillion Dollars)

CARES Act Small

Businesses

CARES Act -Small Businesses

• 500 or fewer employees

• 3 Components

➢Grants to provide emergency funds for small businesses to cover Immediate operating costs.

➢Forgivable loans to keep workers employed.

➢Relief for existing SBA loans.

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Cares ActIndividual and

Workforce Support

▪ Direct Cash Payments to individuals

▪ Additional Weeks of Unemployment (13)

▪ Extra unemployment benefits through 7/31/20 ($600)

▪ Employment assistance through 12/31/20 for contractors, freelancers and self-employed

(PUA)

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Cares Act -Individual Support

Additional Funds

• Increased PPP loan program appropriation from $350 billion to $670 billion

• Increased the Emergency Economic Injury Disaster (EIDL) loans from $10 billion to $20 billion

• Allocated an additional $50 billion for the Disaster Loans Program Account

• Additional $10 billion for Emergency EIDL Grants Public Health - $153.5 billion

• Allows agricultural enterprises with not more than 500 employees to receive EIDL grants and loans

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The Paycheck Protection Program (PPP) Increase Act of 2020 – April 24, 2020

Leave Programs

• New York State Law

• New York COVID-19 Sick Leave Law

• Federal Law

• Families First Coronavirus Response Act

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Major Laws Enacted in Response to COVID-19

Families First Coronavirus

Response Actand New York COVID-19 Sick

Leave Law

Both signed on March 18, 2020

• NYS Law was effective immediately (March 18)

• Federal law became effective on April 1, 2020 (FFCRA)

• Both have been dynamic and require interpretation

• US DOL has issued 3 revisions/updates to their FAQ

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Families First Coronavirus

Response Actand New York COVID-19 Sick

Leave Law

• Federal Law sunsets on December 31, 2020

• NYS Law does not have a sunset provision

• Both Laws offer job protection to the employee

• Both Laws offer continuation of benefits while on leave under the Laws

• Both Laws provide employees with sick leave days

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New York State Law vs. Federal

Law

• As of April 1, 2020 the Federal program takes over as the primary emergency benefit.

• As of April 1, 2020 the NYS program is only available for New Yorkers who exceed the Federal program’s salary cap and can file for supplemental benefits bridging between the Federal and State caps.

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New York State Law

April 1, 2020

• FFCRA Becomes Effective

• FFCRA Becomes Primary

• What Happens to the NYS COVID-19 Sick Leave law?

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Federal Law

Families First Coronavirus Response Act (FFCRA)

• Establishes a federal emergency paid-leave benefits program

• 2 Paid Leave Components

✓Emergency Paid Sick Leave Act (EPSLA)

✓Expanded FMLA (EFMLA)

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Families First Coronavirus

Response Act

• Applies to employers with fewer than 500 employees

• Requires that employers provide their employees Emergency Sick Leave and Family Leave related to COVID-19

• Provides employers with a tax credit to cover the cost of the leave

• Allows for an exemption from the Law for “small businesses” with fewer than 50 employees

• Took effect on April 1, 2020 and expires of December 31, 2020

• Employers must Post Notice regrading the Act

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FFCRAWorkplace

Poster Requirement

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Emergency Paid Sick Leave Act (EPSLA)

Six qualifying reasons for FFCRA benefits:

1. Employee is subject to Federal, State, or local quarantine or isolation order related to COVID-19

2. Employee has been advised by a HCP to self-quarantine due to concerns related to COVID-19

3. Employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis

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Emergency Paid Sick Leave Act (EPSLA) and

Extended FMLA (EFMLA

Six qualifying reasons for FFCRA benefits (continued):

4. Employee is caring for an individual who either is subject to quarantine or isolation order related to COVID-19 or has been advised by a HCP to self-quarantine due to concerns related to COVID-19;

5. Employee is caring for child whose school/place of care, childcare provider is unavailable, due to a COVID-19 related reason

6. Employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.

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Emergency Paid Sick Act (EPSLA)

• Provides two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or is experiencing COVID-19 symptoms and seeking a medical diagnosis; or

• Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), to care for a child (under 18 years of age)

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Extended Family Leave (EFMLA

• Provides up to 12 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, if the employee is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19, of which the first two weeks are unpaid

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Emergency Paid Sick Leave Act (EPSLA)

Calculation of Pay:

• For leave reasons (1), (2), or (3):

✓ employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period)

✓ For leave reasons (4) or (6): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period)

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Extended Family Leave

(EFMLA)

Calculation of Pay:

• For leave reason (5):

✓ Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12 week period)

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Frequently Asked

Questions

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Frequently Asked

Questions

Q: The Families First legislation passed by Congress and signed by the President provides full-time employees with 80 hours of paid sick leave. If my company already provides this benefit, do I have to provide two additional weeks? Is there a size limit for companies? Does it apply to part-time employees?

A: Yes, this Emergency Sick Leave Act time is in addition to any other sick time provided by the employer. This Act applied to employers with 500 or fewer employees. Part-time employees are entitled to the number of hours worked, on average, over a two-week period.

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Frequently Asked

Questions

Q: I’m a small contractor with less than 50 employees. Do I have to comply?

A: Yes. However, small employers with less than 50 employees may seek a hardship waiver when the imposition of some of the requirements will jeopardize the viability of the business. The USDOL has identified 3 criterion that an officer of the business must evaluate the impact of the FFCRA on their ability to remain a viable business.

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Frequently Asked

Questions

Q: Is the federal government providing a tax credit to help businesses offset the cost of the sick time and EPSLA and EFMLA?

A: Yes. The FFCRA provides businesses with tax credits to cover certain costs of providing employees with required paid sick leave and expanded family and medical leave for reasons related to COVID-19, from April 1, 2020, through December 31, 2020. The credits are subject to limits. The IRS has issued guidance indicating that businesses are allowed a credit in an amount equal to 100 percent of the qualified sick leave wages and qualified family leave wages paid by the employer.

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Frequently Asked

Questions

Q: If we have an employee that admitted to having contact with an individual infected with COVID-19, what is our legal right as an employer to require them to go home? If we do send them home, what is our financial obligation to that employee?

A: If an employee self-discloses that he or she has had close contact with another individual who has positively contracted COVID-19, the employer may send the employee home, and require that the employee remain at home to protect the other employees in the workplace from being infected, for the recommended 14-day quarantine period.

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Frequently Asked

Questions

Q: Can an employer force an employee to take Leave Time (Vacation/Sick) if they have COVID-19?

A: No. An employer cannot require the employee to use their PTO and must provide the employee with the paid sick leave as required under the FFCRA if the employee qualifies for the benefits either under the EPSLA or the EFMLA.

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Frequently Asked

Questions

Q: Does the FFCRA leave be taken in partial days?

A: Yes. The FFCRA does allow leave under the act to be taken in partial amounts and intermittently.

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Frequently Asked

Questions

Q: The Act states that the first two weeks of Expanded Family Leave are unpaid. What does this mean?

A: An employee who requests leave because they cannot work because either their child’s school is closed or their child care provider is not available, may be eligible for the EFMLA for a total of up to 12 weeks. Since the first two weeks of EFMLA are unpaid, the employee can take the first two weeks as paid sick leave under the EPSLA and then take the remaining 10 weeks of EFMLA.

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Frequently Asked

Questions

Q: What type of documents does an employer have to have to substantiate their payments under the FFCRA?

A: The USDOL has not issued any specific guidance or forms to document the payment of leave under the FFCRA. However, the USDOL regulations do require that the employee provide specific information to the employer and that the employer maintain this information on file. Further information is available in the USDOL Q&A document (Question #16).

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Frequently Asked

Questions

Q: Is COVID-19 a recordable illness under OSHA?

A: Maybe. OSHA has issued guidance stating that COVID-19 is a recordable illness when a worker is infected on the job. Determining if the specific case is recordable would require a positive test to confirm whether the employee has contracted COVID-19 and distinguish it from the cold/flu exemption in the OSHA regulation. In addition, work-relatedness must also be determined. Work relatedness may be hard to determine given that COVID-19 is a transmitted via the community at large.

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Frequently Asked

Questions

Q: Can I take employees’ temperatures before they start work?

A: Yes. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature. However, employers should be aware that some people with COVID-19 do not have a fever. It is important that appropriate protocols be put in place before starting to take employee’s temperatures.

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Frequently Asked

Questions

Q: Can construction office employees return to the office?

A: We recommend that if you return employees to your office that you ensure that the office space and configuration allows for the appropriate social distance and that appropriate PPE is used. In addition, we recommend that you implement a frequent and thorough disinfection program and that employees do not share the use of any office equipment.

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Frequently Asked

Questions

Q: How do I maintain social distancing in a job trailer?

A: We recommend that the use of job trailers be reduced for the time being. If you must use a construction trailer, ensure that occupancy is limited to a number that allows social distance, that appropriate PPE is used, and that there is a frequent and thorough disinfection program for maintaining the job trailer disinfected.

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Frequently Asked

Questions

Q: Can I lay off an employee who refuses to come back to work?

A: We recommend that all job offers to return to work be done in writing and that the employee be required to accept or decline the return offer in writing. If they refuse your offer to return, you should inform the NYS Department of Labor Unemployment Division that you offered the employee to return to work and they declined.

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Frequently Asked

Questions

Q: How long does a job site have to close if a worker onsite is diagnosed with COVID-19?

A: If one of your employees is diagnosed with COVID-19, we recommend that you contact your county or local health department immediately and inform them and take direction from them as to what steps you should take.

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Frequently Asked

Questions

Q: How do we keep the office and office equipment sanitized?

A: If you have a cleaning service, we recommend that you consult with them prior to reopening and have them provide you with a plan to ensure the workspace is disinfected. If you do not have a cleaning service, the CDC and OSHA have released workplaces clean and sanitized. review their guidance. You may want to designate someone to be responsible for ensuring the office space is clean and CDC and OSHA guidelines are followed.

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Frequently Asked

Questions

Q: Will specific testing be required to return to work?

A: No. Currently, testing is not a requirement to return to work.

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Frequently Asked

Questions

Q: What is considered to be non-essential travel?

• A: There is not a precise definition of non-essential travel. Generally, travel to provide medical or home care to others or travel necessary for a job considered an essential service, is considered to be essential.

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Resources

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US DOL (FFCRA)https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

NYS COVID-19 Law:https://paidfamilyleave.ny.gov/COVID19

Center for Disease Control:https://www.cdc.gov

OSHA:https://www.osha.gov/recordkeeping/

IRS (Sick Leave Tax Credit):https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs#how_to_claim

Questions from our

Audience?

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John A. MonteiroSenior ConsultantPinnacle Human Resources, LLCjmonteiro@pinnaclehrllc.com

Rose MillerPresidentPinnacle Human Resources, LLCRMiller@pinnaclehrllc.com