![Jane Muir Shareholde J. Muir & Associates P.A. Miami](https://images.law.com/dailybusinessreview/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/392/2020/06/Jane-Muir-Article-202004241259.jpg)
Back to Business: A Guide for Reopening With COVID-19
Failing to exercise reasonable care to prevent the spread of coronavirus could cause injury or even death. Given the circumstances, what is reasonable care?
June 08, 2020 at 09:45 AM
4 minute read
As government debates the timing of permitting business operations to reopen, while still seeking to protect the people from COVID-19 infection, so-called "nonessential" businesses need to consider how they can protect employees and customers. Just like a company can be held liable for injuries, there is likely risk of liability for viral infection. What separates an accident from an act of negligence is the standard of care required given the situation. Failing to exercise reasonable care to prevent the spread of coronavirus could cause injury or even death. Given the circumstances, what is reasonable care?
This issue was anticipated by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and the U.S. Department of Health & Human Services (HHS) in early March. Under the Occupational Safety and Health Act, an employer has a legal obligation to provide a safe and healthful workplace. OSHA can cite or fine employers under the "general duty clause," that requires an employer to protect employees against "recognized hazards" to safety or health which may cause serious injury or death. Coronavirus is certainly a recognized hazard. To help businesses comply with the law, the agencies created a "Guidance on Preparing Workplaces for COVID-19" to help companies respond in the event of coronavirus in the workplace. The city of San Francisco has created a handy template, also available in Spanish. The same precautions that apply to protecting employees can be used to protect customers.
|Clean and Disinfect
If your current cleaning schedule is only once a week, it is time to ramp up. High traffic areas, like door handles, break rooms, and bathrooms, should be disinfected regularly with a cleaning agent on the Environmental Protection Agency's list of effective products. Employers should also provide disinfectant, soap, and hand sanitizer effective against COVID 19. If you have carts or baskets, provide disinfecting wipes in prominent locations.
|Check for Symptoms
The virus's symptoms include respiratory infection with fever, cough and difficulty breathing. According to the U.S. Center for Disease Contro and Preventionl, these symptoms may appear in as few as two days or as long as 14 days after exposure. According to recent guidance from the Equal Employment Opportunity Commission, (EEOC), Employers are permitted to, and should, check their staff for symptoms, like fever, subject to ADA confidentiality requirements. When a staff person has any of the symptoms that may be coronavirus, the employer should send them home immediately.
|Social Distancing
In order to fulfill the duty of care as to employees, all open or reopening businesses should create a "social distancing protocol." This policy should be circulated among employees and prominently noticed with signage at entrances to inform anyone with a fever or cough not to enter. Employees should be encouraged to work from home as much as possible, and work stations should be separated by at least six feet. Asymptomatic people should maintain six-foot distance from others, avoid unnecessary physical contact, and wear masks or other face coverings.
|Prevent Crowds
Whatever you can do to ensure that people can (and will) stay apart is a smart move. For example, you can limit the number of employees, customers or clients in the premises to permit everyone to maintain a six foot distance from one another. Assign an employee to maintain capacity and warn people to stay apart, and place notices. Split up order and pickup locations. Limit the number of goods per person. Mark floor with tape or other signs to maintain distance.
The hardest part about reopening while following the recommended safety precautions is the varying level of cooperation from members of the public. Many are well-intentioned, but unaware of personal space. After all, we live in arguably the global capital of public displays of affection, where we offer hugs and kisses for strangers. Frequent reminders, in the form of notices, and individual conversations with employees and guests are helpful, but in extreme circumstances, it may be necessary to deny access or service to uncooperative people. When weighing the question, the important thing to consider is, "what a reasonably prudent person would do under the circumstances?" Making prudent decisions will help avoid liability and enable you to reopen safely.
Jane Muir is a business attorney, focusing on commercial litigation, business transactions and general counsel. She is president-elect of the Miami-Dade County Bar Association. She may be reached at [email protected]
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Data Breaches, Increased Regulatory Risk and Florida’s New Digital Bill of Rights Data Breaches, Increased Regulatory Risk and Florida’s New Digital Bill of Rights](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/e6/ec/d4a4d71946f3981b6fab7f483059/peattie-paulino-767x633.jpg)
Data Breaches, Increased Regulatory Risk and Florida’s New Digital Bill of Rights
7 minute read![Navigating Florida's Products Liability Law: Defective Products, Warnings and the Pursuit of Justice Navigating Florida's Products Liability Law: Defective Products, Warnings and the Pursuit of Justice](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/84/50/560e5df84d35970f3c897e1805ab/bernardo-pimentel-ii-767x633.jpg)
Navigating Florida's Products Liability Law: Defective Products, Warnings and the Pursuit of Justice
6 minute read![Navigating Florida Property Insurance Claims in a Post-Fee-Shifting World Navigating Florida Property Insurance Claims in a Post-Fee-Shifting World](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/85/02/d9af14d94b53a470428b55aac71a/hurricane-helene-damage-767x633.jpg)
Navigating Florida Property Insurance Claims in a Post-Fee-Shifting World
5 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250