As businesses reopen with COVID-19 lurking in the background, they need to review their insurance protection and consult with legal counsel to be sure they”™re making the right moves to protect against potential workplace litigation claims, according to Peter Linn, managing director of Marsh, a global leader in insurance broking and risk management.
Linn, along with Westchester County Commissioner of Health Dr. Sherlita Amler, appeared on the premiere episode of “Business Insights,” an online video series exploring the challenges and opportunities for businesses. “Business Insights” is co-produced by the Westchester County Association, the economic development and business advocacy organization, and Westfair Communications, publisher of the Westchester County Business Journal, the Fairfield County Business Journal, WAG magazine and a variety of digital newsletters.
Michael Romita, president and CEO of the WCA, told viewers of the June 18 live airing, “This series that we”™re starting today is an exciting new collaboration between the Westchester County Association and Westfair in order to reach even more people in our mutual networks and communities.”
The episode featured practical suggestions for dealing with the many issues surrounding the return of people to the workplace.
“We”™re seeing an increase in claims being filed associated with liability. Now to be clear, a claim being filed and a claim being paid are two completely separate things,” Linn said. “The two pieces of key advice we would give here is, first of all, consulting with counsel ”” be that inside counsel or outside counsel ”” because the laws and the rules and the regulations they do vary to a certain extent from jurisdiction to jurisdiction. That”™s one thing. The second thing, though, is documenting the decision-making process.”
Linn said that businesses should document not only what they”™ve decided to do but also how and why they reached the decisions regarding such items as providing face masks, the pace of bringing people back to work, safeguarding the workplace itself and more.
“The basis upon which these decisions are being made needs to be documented,” Linn emphasized. “Having clear documentation on that basis is going to go a long way in the event that there may be a future claim or a future allegation. Being able to go back and say ”˜We based our decisions on these credible sources”™ which might be, for example, the CDC, it might be a local ordinance or local requirement, whatever that may be, document them.”
Amler said that as of June 18, Westchester County was in the best shape it had been in with respect to COVID-19 with the number of new cases identified each day between 20 and 40. As businesses reopen, she said, the safety of their staff and patrons has to be the priority.
“You don”™t want your facility to be a cluster. You don”™t want people to get sick from your facility,” Amler said. “Ensuring that individuals are properly masking, social distancing and that no one ill is coming to work can help prevent the spread of disease.”
Linn suggested, “We need to take very careful care and empathy thinking about the impact that this had had on people because it has fundamentally changed individuals. We”™re hearing that a lot of employees actually are eager to come back to the workplace, but although they”™re eager to come back to the workplace there”™s also a certain amount of trepidation. There”™s a new level of risk that they perceive: Am I putting myself or my family at risk associated with coming back to my workplace? Am I putting myself or my family at risk by working with my co-workers?”
Amler said there needs to be entrance protocols at each business so there”™s assurance that people coming back to work are healthy.
“You can ask basic questions and provide them with a list of symptoms of COVID and ask, ”˜Have you had any of these symptoms? Have you been exposed to anyone who has had COVID and if so, when?”™” Amler said.
Taking the temperature of individuals entering a business location is an excellent screening tool because a temperature greater than 100.4 degrees F. indicates that the person has a fever, she said.
“Any individual who has a fever of 100.4 should not be reporting to work and should consult their physician,” Amler said.
Everyone on the premises needs to understand that having contact with a carrier of the virus means being “within six feet of somebody who tested positive for COVID for at least 10 minutes. So, it”™s not just how close you are, but there”™s also a time frame that”™s put into place.”
She also said that masks play a very important role in protecting people and can help keep employees safe.
Amler said that when doing facility cleaning and sanitizing, the chemicals used need to be appropriate for the task.
“This is not the time to use ”˜green”™ cleaners,” Amler said. “You need a cleaner that will actually kill the COVID virus.”
She pointed out that using tape on the floor to indicate distances helps people maintain social distancing. She said circles on the floor of an elevator indicating where people should stand can be a big help.
Signs, such as those notifying people that masks are required and reminding them to wash their hands, also play a role in getting a place of business ready for use, she said.
After the initial live airing, “Business Insights” was made available for on-demand viewing on the WCA and Westfair YouTube and social media sites.
