Tag Archives: Coronavirus

A global pandemic that has severely crippled the private sector and its millions of employees.

General Liability Insurance, HR Challenges, Workers Compensation Insurance

Should We Require Our Employees To Be Vaccinated For Covid 19

Should my company mandate vaccinations?  Like everything Covid related, the answer is complicated. According to employment law attorney  Rich Landau of Jackson Lewis, their tentative position is that requiring employees to be vaccinated for COVID 19 is very difficult to mandate. This is primarily due to EAU (Emergency Use Status) of the vaccine, legal risks including discrimination, and employee relations challenges as you try and navigate this HR terrain.

 

For those clients less risk-averse we have a sample draft policy courtesy of Jackson Lewis. For Metropolitan Risk clients you can obtain the sample Covid vaccine policy by contacting your Account Executive. They are instructed to give you our draft sample. If you are not a Metropolitan Risk client, feel free to reach out to one of our Risk Advisors for a brief discussion.

According to our THINK HR partner and our partners at Jackson Lewis, there is an expectation that the EEOC ( Equal Employment Opportunity Commission ) will issue additional guidance with respect to ADA & Title VII issues with respect to employers mandating whether employees MUST be vaccinated.

 

Our partners in our discussions point to the influenza policies for guidance on how to proceed with the Covid vaccinations. Most employers ENCOURAGE rather than mandate which can be a safe haven should legal challenges arise. According to Rich Landau of Jackson Lewis, “even if the EEOC allows employers to mandate COVID vaccinations this will not elevate the risk of other non-discrimination, state laws, or workers compensation claims if employees suffer a serious reaction while the vaccine is in EAU status.”

There are numerous complications and challenges that may arise if you mandate the vaccine.

Potential Employer-Related Challenges With Requiring/Encouraging The Covid-19 Vaccine

  • Is getting the vaccine Mandated or voluntary – – who is mandated?  
    • The priority of recipients (Which staff members or clients should be vaccinated first?)
  • Incentives to receive it- Does your current organization offer incentives for the Flu shot? 
    • Covid-19 vaccine only or influenza as well
  • Who pays for the actual vaccine, the time needed to get the vaccine
  • Process for inoculation
  • Tracking status
  • Handling poor reactions – – paid time off
    • How are you managing employees or clients that have adverse reactions to the vaccine?
  • Ensuring confidentiality
    •   What if you run out of the vaccine
  • Covid-19 protocols while in midst of process/after the process is completed
    • What protocols will stay and what protocols will change? How will you as the employer manage these new expectations?
  • Addressing exceptions – – medical, religious, generalized fear
  • Handling non-compliance – – remote work, leaves of absence, discipline

The last point to consider beyond your Employee stakeholders maybe your customer base. As an example for those companies providing services to senior care organizations, like Home Health Care Agencies, Nursing Homes, and Assisted Living Facilities it may be suggested that you disclose to your customer base that your organization suggests, not mandates vaccinations. This disclosure should be made at either point of sale /contract, or communication piece sent out to your customer base. This may protect your organization from liability should your customer base look for damages at some future point. This can be a very sensitive topic as each business needs to arrive at its own business decisions with respect to disclosures. There is no silver bullet here, your goal as with all risk-related decisions is to manage the exposures relative to potential downside losses in BOTH columns of the decision tree.

As you can see invoking a set vaccine policy to benefit all stakeholders is vexing, to say the least.

We will continue to provide updates to this new landscape as we receive them. We encourage you to speak with a Risk Advisors for further guidance on the matter BEFORE invoking a set policy. Please mindful that this is a very dynamic and fluid landscape, changing almost weekly. Contact a Risk Advisor at 914-357-8444. Thank you

HR Challenges, Risk Management

Returning To The Office During COVID-19

Returning to the office has proven to be challenging for employers. Organizations of all sizes are struggling to determine which employee health screenings they can execute without infringing on their employees’ rights. From scheduled questionnaires to employee temperature checks, employers are working hard to adapt to this new normal.

Employee health screenings need to be voluntary. Hourly employees should be considered on the clock if they are waiting in line for testing and while the test is being administered. If an employee is sent home because they are ill they should be paid for the time out of work, if possible. If the employee refuses to take the test or respond to the survey, it is within your rights as an employer to send them home without pay. 


Temperature Checks

Before COVID-19, temperature checks were considered to be a part of a medical exam. Employers need to follow the following rules to ensure that employee health screenings are minimally invasive and confidential. 

Health screenings are voluntary but a necessary way for employers to best protect the entire workforce. Reassure your employees that these screenings are completely private and confidential.  If your business does not have an on-site nurse, determine which employee will be responsible for taking the other employees’ temperatures. 

Employees should be considered on the clock while waiting in line for and while the test is being administered. If an employee is sent home ill they should be paid for the time out of work if possible. If the employee refuses to take the test, it is within your rights as an employer to send them home without pay. 

Additional Safety Measures 

Cloth-Face Masks 

Cloth Face masks are not appropriate substitutes for workers who must wear N94 respiratory masks or medical/surgical face masks. A cloth face mask should cover the nose and mouth to contain the wearer’s potentially infectious respiratory droplets. Cloth face masks will not protect the wearer from airborne transmissible infectious agents due to their lack of seal or inadequate filtration.  (Click here to view the CDC Recommendations for Masks and Cloth Face Coverings) 

Provide employees with guidelines of when they can and cannot take off their masks. For example, some office employees may not be required to wear their mask at their desks, but do need to wear them in common areas while food service employees  may be required to wear their masks their entire shifts. Make sure to express these guidelines and requirements to your employees. Address any concerns they may have regarding the new policy. Post these new guidelines and rules throughout the business in places where employees can see them. 

 

Keeping a minimum 6-ft distance between workers

Employees should keep a minimum of 6 ft away (two arms lengths away) from each other. Workspaces should allow employees to sit a comfortable distance away from other employees. If needed, consider rearranging the workspace and adding additional protective barriers for employees. Businesses considering to reopen should consult the “Reopening the workplace during a pandemic” decision chart released by the CDC. 

 

Keep Common Areas and Surfaces Clean 

While returning to your office space, be aware of how often you’re cleaning. You might be questioning if you’re cleaning enough. Wiping down shared areas multiple times a day with the proper cleaning products is one way to help prevent the spread of the coronavirus. 

  • Clean AND disinfect frequently touched surfaces daily. This includes common areas, tables, doorknobs, light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, and sinks.
  • If these surfaces appear to be dirty, wash them with soap and water before using chemical disinfectants. The EPA released this list of common household disinfectants that will help prevent the spread of COVID-19 

 

Still want more info on how to carefully reopen your business in a Post-COVID19 world? Contact A Risk Advisor at 914-357-8444.

HR Challenges, Risk Management

Resuming Business Operations During Covid-19

Foremost on most organization’s agenda is how do we resume operations in a COVID-19 world? Candidly it’s a bit complicated contingent on a great many factors. Here’s a very short list of some contingencies.

What does your operation look like; what do you do?  What does your service plant or office look like? How is it structured. Lastly, what’s your workflow & staffing levels to execute? Can you stagger staffing locations to create separation?   This shortlist of considerations to take to maximize the safety of your employees and customers.

At Metropolitan Risk part of our business model is to engage and vet high-quality partners that bring a risk mitigation skill set that our clients can leverage. Purchasing insurance is just another way to finance risk. The real magic and cost reductions happen when you marry the science & art of risk management with risk financing. Through the years we found our risk management recommendations weren’t always followed through because our clients lacked a network of these highly skilled individuals and firms by discipline.  Thus we thought we would make it easier for our clients to engage the necessary resources.

For purposes of today’s article, we partnered with Rich Landau of Jackson & Lewis. One of the preeminent employee law firms in the country. Rich was kind enough to share a LIST of things to consider as we begin to emerge from our COVID-19 induced stasis. Understand that this list is long and does not apply universally to every business. Think of this list as a general idea of what to consider as you make your own list to re-open.

 

Click here to download the list of suggestions to resume the operations of your organization in a COVID-19 world. 


For those of you who are Metropolitan Risk clients, we encourage you to speak to your Risk Advisor for assistance on how to build your own list. 

Other

Coverage Impact From Coronavirus Relating To Business Income Within Your Commercial Insurance Policy

With the number of people infected by the Coronavirus growing every day, customers are voicing their concerns about how their insurance coverage will protect them from potential closers and lost revenue. 

 

We’ve had a number of clients ask what coverages will protect them from losses resulting from the COVID19 virus. Organizations that rely on physical locations for their business like manufacturing plants, schools, nursing homes, daycare facilities, and bus companies, aren’t sure what protection they have from business interruption. 

Unfortunately, it appears that the ISO Business Income and Extra Expense Coverage Form, CP ​00 30 10 12, coupled with the Causes of Loss – Special Form, CP 10 30 09 17, will not cover these losses for three reasons:

  • ​Coverage applies only if there is “direct physical loss of or damage to property.” The virus is wreaking havoc on people but not property.
  • The “Causes of Loss” form excludes coverage “for loss or damage caused by or resulting from any virus, bacterium or other microorganisms that induce or is capable of inducing physical distress, illness or disease.​”  The Coronavirus fits this description.
  • The form also excludes losses resulting from “delay, loss of use or loss of market.” There is no coverage for losses resulting If a homecare operation has to stop sending aids or clients start to cancel because the virus has caused people to stop traveling. (Big I Insurance)

Your organization has a number of decisions to make if unable to shift operations from a physical location to a remote opportunity. Some organizations can continue operations remotely, while others may be forced to close due to the Coronavirus. We recently published this article on how to keep your business operational during the outbreak. 

The Insurance Services Office (ISO) announced on Feb. 7, 2020, that they’ve published two advisory endorsements to the Business Income & Extra Expense Coverage Form for insurers to adopt and file if they wish According to the blog post on Verisk’s website: 

The first endorsement provides limited coverage in the event that a business suspends operations due to closure or quarantine ordered by a civil authority. This endorsement also provides coverage with respect to dependent property that is named in the policy and for vehicles and mobile equipment, where applicable.

 

The second endorsement also provides coverage when a business is forced to suspend operations due to the closure (or restricted use) of the public bus, rail, or ferry lines by civil authorities.​ (Verisk)

 

Workers’ Compensation is another coverage that can be affected by the COVID19 virus if a hypothetical worker can prove that they were exposed to the virus at their place of employment.

Lorraine Lee Explains The Business Impact Of The CoronaVirus
 

Commercial General Liability coverages can be applied in cases where an employer has allegedly neglected to remove an infected employee from the workplace, thus facilitating the further spread of the virus. Be aware, ISO offers an endorsement, CG 21 32 05 09, Communicable Disease Exclusion. This endorsement excludes coverage for bodily injury, property damage, and personal and advertising injury arising out of the actual or alleged transmission of a communicable disease. It also applies to alleged negligence in:

  • Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease;
  • Testing for a communicable disease;
  • Failure to prevent the spread of the disease; or
  • Failure to report the disease to authorities.

For more information on whether your organization is prepared for the potential losses coming from the Coronavirus outbreak contact a Risk Advisor or Call 914-357-8444. 

 

https://www.insurancejournal.com/news/national/2020/02/26/559383.htm

https://www.biginy.org/newsfeed/Lists/Posts/Post.aspx?ID=778