what you need to know preparing the workplace · 2020-05-06 · introduction welcome to the webinar...

What You Need To Know

Preparing the WorkplaceMay 6, 2020

Presented by: STEVEN JORDAN | President, Traiden Global SolutionsTINA KOENIG | Vice President, BurnhamCHRIS 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

Audience members will be muted for the presentation.

Please email your Burnham Consultant and team with any specific questions or you can reach our Burnham COVID-19 Response Team at [email protected]

AUDIO

QUESTIONS?

mailto:[email protected]

INTRODUCTION

About Burnham

Employee Benefits Retirement Planning Property & Casualty

INTRODUCTION

Presenter Introductions

STEVEN JORDANPresident

Traiden Global Solutions

TINA KOENIGVice President

Burnham Benefits

CHRIS KRUSIEWICZVice President

Burnham Benefits

AARON OLSENAttorney At LawFisher & Phillips

SARA OWENSCOO

Burnham Risk

Carrier & Legislative UpdatesSECTION I

Fisher & Phillips Law:Preparing the Workforce

Webinar Agenda

Traiden Global Solutions: Recovery Planning

03

01

02SECTION II

SECTION III

01 SECTION I

Carrier Updates

CARRIER & LEGISLATIVE UPDATES

Carrier Rules and CoverageWhat 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 positions on new rules – updated 5/6Aetna Anthem Blue Shield of C A C igna HealthNet Kaiser UHC

Home (FDA Approved) a a a X a X aPop-Up Test Sites

(Drive Thru) a a a a a X aAnti-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

a a a a a a a

Inpatient Yes Yes Yes Yes Yes Yes

1-J un 31-May 31-May 31-May 31-May April 1-May 31 31-May

a a a a a a a31-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

OtherOffering Resources For Living and

Free RX delivery

Offering EAP, AskBertha

for members and

SydneyC are, Psych Hub

for all

Offering Savings card to

22k grocery stores for

Trio & Tandem members

Buoy App for

Members

Offering helpline and

Sanvello MH app for

all until 7/1

Telehealth W aiver

Treatment W aiver


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)


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 1


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 notifications

HIPAA Special Enrollment and COBRA timeline extensions


COBRA ExamplesExample 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 time

02SECTION II

Traiden Global Solutions:

Recovery Planning

RECOVERY:MOVING INTO THE NEXT PHASE OF COVID-19

Confidential Presented By Traiden Global Solutions

WHAT HAPPENS IF EVERYONE RETURNS TO WORK MONDAY MORNING AT 8:00AM?

CONFUSION TO CHAOS

· 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 Solutions

Begin Phase I

Federal Agencies• Homeland Security• HHS (Health and Human Services)• NIOSH (National Institute of Safety and Health)• 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 Agencies

Opening Up America Again

COVID-19 Guidelines

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.


EmployersCompliance


Guidelines on Preparing Workplaces for COVID-19

Requirements:

• Infectious Disease Response Plan

• Competent Person for Implementation

Traiden Global Solutions

Provide guidance, programs, training and

ongoing consulting in every aspect of

Federal or State OSHA compliance.

NOTE: This is NOT a Standard or Regulation.

It is a recommended guideline and not enforceable



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”.

Business Operations


HEALTH DEPARTMENTGuidelines 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


Elimination: Physically remove the hazard.

Substitution: Replace the hazard

Engineering Controls: Isolate people from the hazard

Administrative Controls: Change the way people work

Personal Protective Protection: Protect workers from the hazard

Controlling Hazards in the Workplace

Elimination

Substitution

Engineering Controls

Administrative Controls

Personal Protective Equipment

Hierarchy of Controls


Personal Hygiene

Site Safety – Check in Policies

Stay at Home Policies

Work From Home


Elimination

Substitution







Elimination

Substitution

There are none


Caution: Using the wrong disinfectant and sanitizing system can create more harm than the virus.

Caution: Understand the nature of COVID-19 and use COMMON SENSE (or call us) when determining a response to a COVID-19 event.

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.


Redesign The Workspace Area

Install Physical Barriers

Create Drive-up Services

Reorganize Common Areas

Storage, Copy Rooms, Supply Stations, File Areas


Elimination

Substitution






Develop Compliance Policies and Procedures

Work From Home and Staggered Shifts

Develop Alternate Meeting and Work Environments

Travel Restrictions, Eliminate or Reduce Local Business Travel,

Transport of Personnel

Establish an Emergency Communication System

Redesign Workflow


Elimination

Substitution






Develop and Implement Training Program

● COVID-19 Awareness Training

● Management and Supervisor Response

● Employee Actions at Work and Off Site

● Changes to Business Operations

● Workspace

● Workflow

● Policies and Procedures

● Protective Systems

● Personal Protective Equipment


Elimination

Substitution






Respiratory Protection

Personal Hygiene Stations

Hand Protection

Face Shields

Clothing


Elimination

Substitution






1. Assemble the management action team

2. Divide the company into manageable sections

3. Assign the sections to the MAT members

4. Develop Procedures and Policies (simple)

5. Begin planning and implementation

• 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.

• Workspace and workflow adjustments implemented.

• Building utilities, maintenance workers, IT personnel and

infrastructure managers to tour facility.

• Implement a formalized Respiratory Policy.

14- Days Out

Companies with Complete or Partial Shutdowns

Companies Conducting Essential Services

• Document via policies and procedures all changes to

business operations.

Risk Management Programs


● Safety Programs

● Security Programs

● Emergency Management

● Business Continuity

Natural Disaster - Earthquake, Fire, Flood, Hurricane, Storm

Industrial Accident, Injury and Illness

Workplace Violence

Civil Unrest- Violence in the Region

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

Plan To Stay In Business

We provide a full suite of safety services plus

COVID-19 Assistance in the following areas.

• Fulfilling Your Responsibilities under the General

Duty Clause

• Restructuring Your Business Operations

• Implementation of "Return to Work"

• Policies and Procedures

• Updates and Ongoing Reporting

THE "OPENING UP AMERICA AGAIN"

GUIDELINES ARE GOING TO BE VERY

CONFUSING FOR ALMOST EVERYONE

TO FOLLOW...


COVID-19 Recovery Program

COMPLIANCE

START YOUR RECOVERY PLANcovid19recoveryplan.com

(702) 802-1858 - 24 Hour Emergency

[email protected]


[email protected]

http://covid19recoveryplan.com/

03SECTION III

Fisher & Phillips:

Preparing the Workforce

fisherpfisherphillihillipsps.com.com

BACK-TO-BUSINESSBringing The Workforce Back To Work

A a ro n O l se n F i s h e r P h i l l i p s , L L P M a y 6 , 2 0 2 0

Returning toWork

HR Challenges and

Solutions

> Can your businessre-open?

> How to prepare a plan for re-opening.

> How to bring employeesback.

> 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

RESTART PLAN

Before Re-Opening

> Designate COVID-19 response team

> Evaluate local andstate shutdown orders

> Prepare policies andprotocols

> May need to vary by location and job

functions.

> Verify OSHA compliance (especially for

employees performing testing /cleaning).

> Consider practical issues

> Staggered return?

> Dry run of extra safetyprotocols?

> Social distancing with employees in elevators /

break rooms / kitchen / copy rooms?




RESTART PLAN

Communicating the

Policies

> 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

extra days beyond your current sickleave

policy if they have COVID-19symptoms).

> Follow CDC and other health guidelines

and show employees that is what you are

doing.

> Considerwho should respond to employee

questions

> Make sure that they are prepared to answer

FAQs




RESTART PLAN

Picking and

Choosing Who

Returns

> Who gets calledback first?

> Objective, non-discriminatorycriteria

such as skill set, education, and/or

tenure

> Consider voluntary call-backs

(employeeoption to return during first

round, etc.)

> Comply with requirements re:

> Non-discrimination on basis ofFFCRA

and related leaves

> Non-discrimination and non-retaliation

in return to workdeterminations

> Requests for accommodation




RESTART PLAN

Picking and

Choosing Who

Returns

> Strongly recommend a specific system or plan for

establishing who mayreturn.

> Be prepared to defend the plan with objective

written evidence – lawsuits are likely.

> The more objective thebetter.

> For employees in equivalent job positions with

similar skills, seniority basedsystem is safest (and

may be required oneday)

> Be wary of allowing managers to make decisions

without articulating a systemVisit fisherphillips.com for COVID-19 coronavirus latest updates,



Can we let some people

work from home just to be

nice?

Yes. Being flexible and accommodating now will

likely save litigation later –especially foremployees

who are working wellremotely.

Beware of (a) employees claiminginconsistent

application, and (b) the potential for actual

inconsistent or incorrectapplication.

If employees are performing poorly fromhome,

document and counsel with thoseemployees.

Create a written trail –even if it is not a formal write

up.

Preparing for

Employee

Questions:

“I want to keep

working from

home. I can do it!”

“I don’t feelsafe

working in the

office.”

Visit fisherphillips.com for COVID-19 coronavirus latest updates, resources and guidance

Preparing for

Employee

Questions:

“I want to keep

working from



working in the

office.”

> If there is a medical condition, or employee is over

60, we likely have an accommodation duty.

> If we plan to deny work from home status as

undue burden, be prepared to answer “What’s

changed?”

> Be mindful of associationaldiscrimination.

> If there is no medical condition, employees have no

general right to work from home or refuse to work.

> Recommend against terminating ordisciplining

anyway.

> Absent medical condition, OK to not select

employee for return position,etc.


Preparing for

Employee

Questions:

“I want to keep

working from



working in the

office.”

What should that strategybe?

Allowing for a limited continuedwork-from-home

may be a sensibleapproach.

Phased returns to work and limiting exposure may

put employees at easeanyway.


EMPLOYEE

RELATIONS

Perception IsReality

> Some employees will:

> Be thrilled to be back at work.

> Be thrilled to be back at work, but be suspicious

> Need time tovent.

> Test you.

> 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


EMPLOYEE

RELATIONS

Perception IsReality

> Communicate, communicate,communicate

> What are you doing to protect them?

> Consider establishing anemployee-safety

committee

> Acknowledge that we are in uncharted territory

> Enforce “the new normal” so employees do not

have to

> Consider a phased-return or allow some remote

work


Beware ofWage-

Hour Issues

> Be sure to examine overtime adjustments to

account for extra bonuses being paid to hourly

employees.

> Pay for time spent doing required temperature

checks.

> Follow exemption rules:

> Cannot ask exempt employees to work duringa

“furlough” week.

> Avoid frequent changes to an exempt employee’s

salary based on hoursworked.


ANTICIPATE

PROBLEMS NOW:

Prepare a Plan of

Action for After

Employees Return

> Prepare memo to employeesconfirming

how to report if employee has: (1) been

diagnosed with COVID-19; or (2) lives

with someone who, in the past 14 days,

has been diagnosed with COVID-19;or

(3) has come into direct contact in the

past 14 days with someone who has been

diagnosed withCOVID-19

> Develop a written plan of action to

implement if a worker becomes sickwith

COVID-19


PROTECTING TRADE

SECRETS AND

CONFIDENTIAL

INFORMATION

> Update policies andcommunicate

expectations to employees.

> Beware of sending confidentialdocuments

or trade secrets to cloud-based personal

email.

> Review protocols for employees who have

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,


AARON F.OLSEN

Partner

Fisher Phillips, LLP

[email protected]

858.597.9637

Our wishes,you,your family,your workforce,and those you care about staywell.



Join us next Wednesday

THANK YOU

WEBINAR EXPERIENCETHANK YOU

We are here to answer your questions and find the best solutions

C O N N E C T W I T H U S

BURNHAM COVID-19 RESPONSE [email protected]

A copy of the presentation slides will be sent out to all attendees tomorrow morning and posted on BurnhamBenefits.com/COVID-19


what you need to know preparing the workplace · 2020-05-06 · introduction welcome to the webinar...

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