Kutak Rock’s Employment Law Group has prepared a revised Back-to-Business Employer Guide and Checklist that provide an overview of general considerations as companies begin to transition employees back to the workplace.  They have updated the Employer Guide and Checklist based on recent and evolving guidance from various federal agencies, including the CDC, OSHA and the EEOC.

The CDC, for example, has issued updated strategies and recommendations for employers seeking to resume normal or phased business operations, including conducting daily health checks; conducting a hazard assessment of the workplace; encouraging employees to wear cloth face coverings in the workplace if appropriate; implementing policies and practices for social distancing in the workplace; improving ventilation systems; and providing a table outlining the engineering controls, administrative controls, and personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.  

OSHA has released guidance specific to the construction industry, as well as alerts for rideshare/taxi/car services, retail pharmacy workers, nursing home and long-term care facility workers, dental industry practitioners, and restaurant/food and beverage businesses providing curbside pickup and takeout.  OSHA further has updated its interim guidance with respect to the recording of occupational illnesses, specifically cases of COVID-19.  

Finally, the EEOC has added to its Technical Assistance Questions and Answers, including providing guidance on accommodating employees who may be at higher risk for severe illness from COVID-19, and examples of accommodations that, absent undue hardship, may eliminate or reduce a direct threat to an employee’s own health if they get COVID-19.

Back-to-Business Employer Guide

Back-to-Business Checklist